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Wif^.M.N.Y.  M580 

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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
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Canadian  Instituta  for  Hiatorical  Microraproductiona 


Inatitut  Canadian  da  microraproductiona  hiatoriquaa 


1980 


Technical  and  Bibliographic  Notes/Notas  tachniquas  at  bibliographiquaa 


Tha  Inatituta  haa  attamptad  to  obtain  tha  baat 
original  copy  availabia  for  filming.  Faaturaa  of  thia 
copy  which  may  ba  bibliographically  uniqua, 
which  may  altar  any  of  tha  imagas  in  tha 
raproduction,  or  which  may  aignificantiy  changa 
tha  uauai  mathod  of  filming,  ara  chackad  balow. 


□    Colourad  covara/ 
Couvartura  da  coulaur 


I     I    Covars  damagad/ 


n 


Couvartura  andommagia 

Covars  rastorad  and/or  laminatad/ 
Couvartura  rastaurte  at/ou  palliculAa 


I — I   Covar  titia  missing/ 


La  titra  da  couvartura  manqua 


□   Colourad  maps/ 
Cartes  g^ographiquas  en  couleur 

□   Coloured  init  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

□   Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 

□    Bound  with  other  material/ 
Reli6  avac  d'autres  documents 


D 


D 


D 


Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serr6e  peut  causer  de  I'ombre  ou  de  la 
distortion  la  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certainas  pages  blanches  ajouttas 
lors  d'une  restauration  apparaissent  dans  la  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  M  filmias. 

Additional  comments:/ 
Commentairas  supplimantairas: 


L'Institut  a  microfilm*  la  meilleur  exemplaira 
qu'il  lui  a  6tA  possible  de  se  procurer.  Les  details 
da  cet  exemplaira  qui  sont  paut-Atre  uniques  du 
point  de  vue  bibliographiqua,  qui  peuvent  modifier 
une  image  reproduite.  ou  qui  peuvent  exiger  une 
modification  dans  la  mAthoda  normale  de  filmage 
sont  indiqute  ci-dessous. 


I — I   Coloured  pages/ 


Pages  de  couleur 

Pagea  damaged/ 
Pages  endommagtes 

Pages  restored  and/oi 

Pages  restaur^as  et/ou  pelliculdes 

Pages  discoloured,  stained  or  foxe( 
Pages  d6color6es,  tachat^es  ou  piqu6es 

Pages  detached/ 
Pages  ddtachdes 

Showthrough> 
Transparence 

Quality  of  prir 

Qualitd  inigale  de  I'impression 

Includes  supplementary  materii 
Comprend  du  matdriei  supplimentaire 

Only  edition  available/ 
Seuie  Edition  disponible 


I — I  Pagea  damaged/ 

I — I  Pages  restored  and/or  laminated/ 

ryi  Pages  discoloured,  stained  or  foxed/ 

r~n  Pages  detached/ 

I      I  Showthrough/ 

I — I  Quality  of  print  varies/ 

|~n  Includes  supplementary  material/ 

I — I  Only  edition  available/ 


D 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc..  ont  6t6  filmtes  A  nouveau  de  fapon  d 
obtanir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film*  au  taux  de  reduction  indiqu*  ci-dessous. 

10X  14X  18X  22X 


y 


12X 


16X 


20X 


26X 


30X 


a4X 


28X 


12X 


The  copy  filmod  h«ro  hat  b—n  reproduced  thanks 
to  the  generosity  of: 

Library  of  the  Pubiic 
Archives  of  Canada 


L'exemplaire  film*  fut  reproduit  grAce  A  la 
gAnArosit*  de: 

La  bibliothAque  des  Archives 
publiques  du  Canada 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  end  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^-  (meaning  "CON- 
TINUED"), or  the  symbol  y  (meaning  "END"), 
whichever  api]>lies. 

IVIaps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  images  suivantes  ont  AtA  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  at 
de  la  nettetA  de  rexemplaire  filmA.  et  en 
conformitA  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  ImprimAe  sent  filmAs  en  commen^ant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernlAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
originaux  sent  filmAs  en  commenpant  par  la 
pramlAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernlAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparattra  sur  la 
dernlAre  imege  de  cheque  microfiche,  selon  le 
ces:  le  symbols  ^»>  signifie  "A  SUIVRE",  le 
symbols  V  signifie  'FIN  ". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
filmAs  A  des  taux  de  rAduction  diff Arents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clichA,  11  est  filmA  A  partir 
de  Tangle  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

PUBLIC  LAND  AND  MINING  LAWS 


OP 


Alaska,  The  Northwest  Territory. 


AND  THB 


Province  of  British  Columbia. 


This  Work  Contains  a  Careful  Compilation  of  All  the  Mining 
Laws,  and  All  the  Public  Land  Laws  now  in  Force  ; 

OF 

Alaska,  of  the  Northwest  Territory,  and  of  the  Province  of 

British  Columbia.    The  United  States  Mining  Laws 

AND  Regulations  are  also  Inserted  in  Full. 


Complete  In  One  Volume. 


Compiled  by 

GILBERT  WYMAN, 

OF  THE  California  Bar. 


Published  by 

G.  WYMAN,  Fruity  ALE,  Alameda  County, 

California. 

1898. 


■■' "-»»-»«im>»^Wi^»HHPI 


uy'7 


Entered  according  to  Act  of  Congress  in  the  year  1898,  by 

G.  WYMAN, 
In  the  office  of  the  Librarian  of  Congress  at  Washington 


/n 


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Pacific  Press  Publishing  Co., 

Printers  and  Binders, 

Oakland  and  San  Francisco,  Cal. 


CONTENTS. 

PART  I. 

PAOK 

General  explanation  of  the  public  land  and  minine  laws  applicable 
to  each  of  the  three  political  divisions  of  Alaska,  of  the 
Northwest  Territory,  and  the  Province  of  British  Columbia. 
Boundaries  of  Northwest  Territory,  Province  of  British  Co- 
lumbia, Yukon  District.  Dominion  of  Canada,  Constitution 
and  Government iz 

PART  II. 

Alaska.— Treaty  Negotiations,  Civil  Government,  Mining  Laws 
and  Regulations.    United  States  Mining  Laws  and  Regulations.    17 

PART  III. 

Alaska.— Public  Lands  Other  Than  Mineral,  Town  Sites,  Trad* 
ingand  Manufacturing  Purposes 85 

PART  IV. 

Northwest  Territory  and  Manitoba. — Yukon  District,  Regulations 
for  Placer  Mining.  Saskatchewan  District,  Reg[ulations>  for 
Placer  Mining.  Act  of  November  ^th,  1889,  which  includes 
the  general  mming  law  of  the  Dominion.  Dredging  of  Rivers, 
Coal  Lands  for  Domestic  Purposes 109 

PART  V. 

Northwest  Territory  and  Manitoba. — Public  Lands  Other  Than 
Mineral  Belonging  to  the  Dominion  of  Canada 169 

PART  VI. 
British  Columbia.— Crown  Lands  Belonging  to  the  Province 267 

PART  VII. 

British  Columbia.— Lands  within  Forty  Mile  Railway  Belt  Belong- 
ing to  the  Dominion  of  Canada 335 

PART  VIII. 
British  Columbia.— Mining  Laws,  Gold,  Silver  and  Coal 365 

(V) 


1 1  ip  HWPI 


ae 


vl  CONTENTS. 

PART  IX. 

PAOB 

BritUh  Columbia  Water  Consolidation  Act  and  Northwest  Terri- 
tory Consolidated  Irrigation  Act 479 

PART  X. 

United  States  and  Canadian  Laws  Prohibiting  Alien  Labor  Con> 
tracts 563 

PART  XI. 

Statistics  and  Official  Reports  of  the  Yukon  Gold  Fields 569 

PART  XII. 
Customs  Tariff  of  Canada : 667 

PART  XIII. 
Mining  Forms  for  Alaska  and  United  States 725 


NOTICE. 


Changes  and ,  amendments  hereafter  made  in  the  public  land  or 
mining  laws  of  Alaska,  British  Columbia,  or  Northwest  Territory, 
will  be  published  in  pamphlet  form,  as  soon  as  enacted,  and  can  be 
procured  of  the  publisher,  G.  WYMAN, 

Fruitvale,  Alameda  County,  Cali/omia. 


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PART  I. 

GENERAL  EXPLANATION 

OF  THE 

PUBLIC  LAND  and  MINING  LAWS 

APPLICABLK    TO    EACH 
OF  THE 

THREE  POLITICAL  DIVISIONS  OF  ALASKA,  OF 

THE  NORTHWEST  TERRITORY,  AND  THE 

PROVINCE  OF  BRITISH  COLUMBIA. 

Boundaries  of  Northwest  Territory,  Province  or  British 

Columbia,  Yukon  District.    Dominion  of  Canada, 

Constitution  and   Gonernment. 


:''im' 


PART  I. 


THE  PUBLIC  LAND  AND  THE  MINING  LAWS  of  the 
three  great  political  divisions  of  Alaska,  of  the  Northwest  Ter- 
ritory, and  of  the  Province  of  British  Columbia  are  entirely 
separate  and  distinct  from  each  other. 

THE  PUBLIC  LANDS  OF  ALASKA  are  known  as  Gov- 
ernment lands,  and  belong  to  the  United  States. 

THE  PUBLIC  LANDS  OF  THE  NORTHWEST  TERRI- 
TORY are  known  as  Dominion  lands,  and  belong  to  the  Do- 
minion of  Canada. 

THE  PUBLIC  LANDS  OF  BRITISH  COLUMBIA,  ex- 
cepting the  Forty-mile  Railway  Belt,  are  known  as  Crown 
lands,  and  belong  to  that  Province. 

THE  FORTY-MILE  RAILWAY  BELT  in  the  Province 
of  British  Columbia  was  ceded  by  the  Province  to  the  Domin- 
ion of  Canada  as  a  contribution  in  consideration  of  Govern- 
ment aid  toward  the  construction  of  the  Canadian  Pacific  Rail- 
way. 

The  land  within  the  Forty-mile  Railway  Belt  is  subject  to 
the  land  laws  of  the  Dominion  of  Canada  specially  applicable 
to  said  belt. 

Gold  and  silver  in  the  Railway  belt  have  been  decided  by 
Privy  Council  (England)  to  be  vested  in  the  Province  of  Brit- 
ish Columbia. 

The  gold  discoveries  extend  over  Alaska,  Northwest  Terri- 
tory and  the  Province  of  British  Columbia. 

BOUNDARIES.  The  Northwest  Territory  extends  from 
the  international  boundary  between  Canada  and  the  United 
States,  the  49th  parallel  of  latitude  on  the  south,  to  the  Arctic 
ocean  on  the  north.  Is  bounded  on  the  ^cst  by  Hudson's  Bay 
and  the  Province  of  Manitoba;  and  on  the  west  by  the  Province 
of  British  Columbia  south  of  the  60th  parallel  of  latitude  and 
the  international  boundary  line  between  Canada  and  Alaska 
north  of  the  60th  parallel  of  latitude. 

The  area  of  the  Northwest  Territory  in  square  miles  is 
1,404,800. 

The  capital  of  the  Northwest  Territory  is  Regina. 


■taM 


14 


DOMINION  OF  CANADA. 


The  Province  of  British  Columbia  extends  for  about  700 
miles  north  and  south,  and  nearly  500  miles  east  and  west  lying 
north  of  the  4<)l'h  parallel,  the  international  boundary  line  be- 
tween Canada  and  the  United  States,  and  north  to  the  60th 
decree  of  north  latitude.  Is  bounded  on  the  east  by  longi- 
tude 120  degrees,  and  on  the  west  by  the  Pacific  Ocean  and  the 
international  boundary  line  between  Canada  and  Alaska.  Van- 
couver and  Queen  Charlotte  Islands  are  included  within  its 
bounds. 

Victoria,  of  Vancouver  Island,  is  the  capital  of  British  Co- 
lumbia. 

YUKON  DISTRICT.  The  Yukon  district  comprises— speak- 
ing generally— that  part  of  the  Northwest  Territory  lying  west 
of  the  water-shed  of  the  Mackenzie  river.  Most  of  it  is  drained 
by  the  Yukon  river  and  its  tributaries.  It  coveri>  a  distance  of 
about  650  miles  along  the  river  from  the  Coast  Range  of  moun- 
tains. 

DOMINION  OF  CANADA.  The  Dominion  of  Canada 
came  into  existence  on  July  i,  1&67,  under  the  terms  of  an  ant 
of  the  Imperial  Parliament  known  as  the  British  North  Amer- 
ican Act,  which  provides  for  the  union  of  the  Provinces  of  Can- 
ada, Nova  Scotia,  and  New  Brunswick.  The  Province  of  Can- 
ada being  immediately  before  that  time  divided  into  Upper  and 
Lower  Canada,  which  divisions  are  now  known  as  Ontario  and 
Quebec  respectively.  The  dominion  was  subsequently  aug- 
mented by  the  Province  of  Manitoba  and  the  Northwest  Ter- 
ritories in  1870,  by  British  Columbia  in  1871,  and  by  Prince 
Edwards  Island  in  1873;  and  now  includes  the  whole  of  British 
North  America,  with  the  exception  of  New  Foundland. 

CONSTITUTION  AND  GOVERNMENT.  The  Govern- 
ment of  Canada  is  Federal:  Ottawa  is  the  capital.  The  Prov- 
inces have  local  legislatures.  By  the  British  North  American 
Act  before  referred  to,  the  executive  government  and  the  au- 
thority of  and  over  Canada  remain  in  the  Queen.  The  Gover- 
nor-General for  the  time  being  carries  on  the  Government  in 
the  name  of  Her  Majesty,  but  is  paid  out  of  the  Canadian  rev- 
enue. The  Dominion  Parliament  consists  of  an  Upper  House» 
styled  the  Senate,  composed  of  81  members.  The  Senators  are 
nominated  for  life  by  the  Governor-General  on  the  advice  of 
the  Executive  Council.    The  Commons  are  elected  for  five  years. 


CONSTITUTION  AND  GOVERNMENT. 


IS 


The  franchise  for  both  the  Federal  Parliament  and  the  Provin- 
cial Legislatures  practically  confers  the  voting  power  upoa 
nearly  all  male  residents  of  full  age.  At  the  head  of  each  of  the 
Provinces  is  a  Lieutenant-Governor,  appointed  by  the  Governor- 
General,  and  paid  by  the  Dominion.  He  is  the  Executive  head 
of  the  Provincial  Government,  and  medium  of  communication, 
between  the  Provinces  and  the  Federal  Government.  In  some 
of  the  Provinces  there  are  two  branches  of  the  Legislature  in 
addition  to  the  Lieutenant  Governor;  but  in  Ontario,  New 
Brunswick,  Prince  Edward  Island,  Manitoba  and  British  Co- 
lumbia there  are  only  single  Houses.  This,  however,  is  a  matter 
entirely  within  the  control  of  the  local  authorities,  as  are  also 
the  election  of  members,  franchise  qualifications  and  alteration, 
of  the  Electoral  districts  for  the  Provincial  Legislatures.  But 
the  duration  of  the  local  assemblies  is  fixed  at  four  years. 

The  powers  of  the  Dominion  Parliament,  the  Provincial-  Leg- 
islatures, and  the  contributions  to  the  revenues  of  the  latter 
from  the  Dominion  Treasury  are  defined  by  the  British  North 
American  Act,  and  the  Acts  passed  under  i^:.  Legislation  upoA 
local  matters  is  assigned  as  a  general  rule  to  the  Provinces. 
There  is  generally  a  perfect  system  of  municipal  government  ini 
the  Provinces  constituting  the  dominion  by  which  Municipal 
Councils  elected  by  the  people  control  and  govern  matters  of 
purely  local  and  municipal  concern. 


re 


PART  II, 


ALASKA. 


TREATY  NEGOTIATIONS,  CIVIL  GOVERNMENT. 
MINING  LAWS  AND  REGULATIONS. 


United  States  Mining  Laws  and  Regulations. 


PART  2. 

ALASKA  was  discoyered  by  Vitus  Bering  in  A.  D.  1741. 
Was  purchased  in  A.  D.  1867  from  Russia  by  the  United  States. 
Quasi  Civil  Government  was  established  by  Act  of  Congress 
July  fl7,  1868.  Area,  in  square  miles,  577>d9o;  in  acres,  369,539,- 
600. 

Under  the  Treaty  of  1835  with  Russia,  when  the  boundary 
between  Alaska  and  British  territory  was  defined,  the  free  navi- 
gation in  perpetuity  of  all  rivers  flowing  across  Alaska  was  se- 
cured to  British  subjects.  This  right,  so  far  as  the  Yukon  and 
the  Stickeen  rivers  are  concerned,  has  been  confirmed  by  treaty 
with  the  United  States. 

CIVIL  GOVERNMENT.  An  Act  of  the  Congress  of  the 
United  States  of  America,  May  17,  1884,  providing  a  Civil 
Government  for  Alaska,  is  as  follows: 

ALASKA.  A  CIVIL  AND  JUDICIAL  DISTRICT.  May 
17,  1884.  Be  it  enacted,  dc.  That  the  territory  ceded  to  the 
United  States  by  Russia  by  the  treaty  of  March  thirtieth, 
eighteen  hundred  and  sixty-seven,  and  known  as  Alaska,  shall 
constitute  a  civil  and  judicial  district,  the  government  of  which 
shall  be  organized  and  administered  as  hereinafter  provided. 

SEAT  OF  GOVERNMENT  AT  SITKA.  The  temporary 
seat  of  government  of  said  district  is  hereby  established  at 
Sitka. 

GOVERNOR  TO  BE  APPOINTED.  Sec.  a.  That  there 
shall  be  appointed  for  the  said  district  a  governor,  who  shall 
reside  therein  during  his  term  of  office  and  be  charged  with  the 
interests  of  the  United  States  Government  that  may  arise  within 
said  district. 

POWERS  AND  DUTIES.  To  the  end  aforesaid  he  shall 
have  authority  to  see  that  the  laws  enacted  for  said  district 
are  enforced,  and  to  require  the  faithful  discharge  of  their 
duties  by  the  officials  appointed  to  administer  the   same. 

MAY  GRANT  REPRIEVES.  He  may  also  grant  reprieves 
for  offenses  committed  against  the  laws  of  the  district  or  of  the 
United  States  until  the  decision  of  the  President  thereon  shall 
be  made  known. 

(18) 


CIVIL  GOVERNMENT. 


19 


COMMANDER-IN-CHIEF  OF  MILITIA.  He  shall  be  ex- 
officio  commander-in-chief  of  the  militia  of  said  district,  and 
shall  have  power  to  call  out  the  same  when  necessary  to  the 
due  execution  of  the  laws  and  to  preserve  the  peace,  and  to 
cause  all  able-bodied  citizens  of  the  Unit<"l  States  in  said  dis- 
trict to  enroll  and  serve  as  such  when  the  public  exigency  de- 
mands. 

OTHER  DUTIES.  And  he  shall  perform  generally  in  and 
over  said  district  such  acts  as  pertain  to  the  office  of  governor 
of  a  territory,  so  far  as  the  same  may  he  made  or  become  ap- 
plicable thereto. 

TO  REPORT  ANNUALLY.  He  shall  make  an  annual  re- 
port, on  the  first  day  of  October  in  each  year,  to  the  President 
of  the  United  States,  of  his  official  acts  and  doings,  and  of  the 
condition  of  said  district,  with  reference  to  its  resources,  in- 
dustries, population,  and  the  administration  of  the  civil  govern- 
ment thereof. 

SUBJECT  TO  REVIEW  BY  PRESIDENT.  And  the 
President  of  the  United  States  shall  have  power  to  review  and 
to  confirm  or  annul  any  reprieves  granted  or  other  acts  done 
by  him. 

DISTRICT  COURT:  JURISDICTION.  Sec.  3.  That 
there  shall  be,  and  hereby  is,  established  a  iistrict  court  for 
said  district,  with  the  civil  and  criminal  jurisdiction  of  district 
courts  of  the  United  States,  and  the  civil  and  criminal  juris- 
diction of  district  courts  of  the  United  States  exercising  the 
jurisdiction  of  circuit  courts,  and  such  other  jurisdiction,  not 
inconsistent  with  this  act,  as  may  be  established  by  law. 

JUDGE  AND  TERMS  OF  COURT.  And  a  district  judge 
shall  be  appointed  for  said  district,  who  shall  during  his  term 
of  office  reside  therein  and  hold  at  least  two  terms  of  said 
court  therein  in  each  year,  one  at  Sitka,  beginning  on  the  first 
Monday  in  May,  and  the  other  at  Wrangel,  beginning  on  the 
first  Monday  in  November. 

SPECIAL  SESSIONS.  He  is  also  authorized  and  directed 
to  hold  such  special  sessions  as  may  be  necessary  for  the  dis- 
patch of  the  business  of  said  court,  at  such  times  and  places 
in  said  district  as  he  may  deem  expedient,  and  may  adjourn 
such  special  session  to  any  other  time  nrevious  to  a  regular 
session. 


ALASKA. 


EXPENSES  OF  COURT.  He  shall  have  authority  to  em- 
ploy interpreter!,  and  to  make  allowances  for  the  necessary  ex- 
penses of  his  court. 

CLERK,  DISTRICT  ATTORNEY,  AND  MARSHAL. 
Sec.  4.  That  a  clerk  shall  be  appointed  for  said  court,  who 
shall  be  ex-officio  secretary  and  treasurer  of  said  district,  a 
district  attorney,  and  a  marshal,  all  of  whom  shall  during  their 
terms  of  office  reside  therein. 

CLERK'S  DUTIES.  The  clerk  shall  record  and  preserve 
copies  of  all  the  laws,  proceedings,  and  official  acts  applicable 
to  said  district. 

ACCOUNTS.  He  shall  also  receive  all  moneys  collected 
from  fines,  forfeitures,  or  in  any  other  manner  except  from 
violations  of  the  custom  laws,  and  shall  apply  the  same  to  the 
incidental  expenses  of  the  said  district  court  and  the  allow- 
ances thereof,  as  directed  by  the  judge  of  said  court,  and  shall 
account  for  the  same  in  detail,  and  for  any  balances  on  account 
thereof,  quarterly,  to  and  under  the  direction  of  the  Secretary 
of  the  Treasury. 

TO  BE  RECORDER  OF  DEEDS,  &c.  He  shall  be  ex 
officio  recorder  of  deeds  and  mortgages  and  certificates  of  lo- 
cation of  mining  claims  and  other  contracts  relating  to  real  es- 
tate and  register  of  wills  for  said  district,  and  shall  establish 
secure  offices  in  the  towns  of  Sitka  and  Wrangel,  in  said  dis- 
trict, for  the  safekeeping  of  all  his  official  records,  and  of  rec- 
ords concerning  the  reformation  and  establishment  of  the 
present  status  of  titles  to  lands,  as  hereinafter  directed : 

SEPARATE  RECORDING  OFFICES  MAY  BE  ESTAB- 
LISHED.  Provided,  That  the  district  court  hereby  created 
may  direct,  if  it  shall  deem  it  expedient,  the  establishment  of 
separate  offices  at  the  settlements  of  Wrangel,  Oonalashka,  and 
Juneau  City,  respectively,  for  the  recording  of  such  instru- 
ments as  may  pertain  to  the  several  natural  divisions  of  said 
district  most  convenient  to  said  settlements,  the  limits  of  which 
shall,  in  the  event  of  such  direction,  be  defined  by  said  court; 
and  said  offices  shall  be  in  charge  of  the  commissioners  re- 
spectively as  hereinafter  provided. 

COMMISSIONERS,  4,  TO  BE  APPOINTED.  Sec.  s- 
That  there  shall  be  appointed  by  the  President  four  commis- 
sioners in  and  for  the  said  district  who  shall  have  the  juris- 


a  . 


CIVIL  GOVERNMENT. 


n 


ity  to  em- 
:essary  «x- 

ARSHAL. 
:ourt,  who 
district,  a 
iring  their 

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applicable 

collected 
cept  from 
me  to  the 
he    allow- 

and  shall 
n  account 

Secretary 

ill    be    ex 

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establish 

said  dis- 

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ESTAB- 
created 

iment  of 

ika,  and 

instru- 

of  said 

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lers  re- 

>ec.  5. 
sommis- 
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diction and  powers  of  commissioners  of  the  United  States  cifs. 
cuit  courts  in  any  part  of  said  district,  but  who  shall  reside,. 
one  at  Sitka,  one  at  Wrangel,  one  at  Oonalashka,  and  one  at 
Juneau  City. 

TO  HAVE  POWERS  OF  OREGON  JUSTICES  OF 
PEACE.  Such  commissioners  shall  exercise  all  the  duties  and 
powers,  civil  and  criminal,  now  conferred  on  justices  of  the 
peace  under  the  general  laws  of  the  State  of  Oregon,  so  far  as 
the  same  may  be  applicable  in  said  district,  and  may  not  be  ia 
conflict  with  this  act  or  the  laws  of  the  United  States. 

AND  PROBATE  JURISDICTION,  SEAL,  &c.  They 
shall  also  have  jurisdiction,  subject  to  the  supervision  of  the 
district  judge,  in  all  testamentary  and  probate  matters,  and  for 
this  purpose  their  courts  shall  be  opened  at  stated  terms  and 
be  courts  of  record,  and  be  provided  with  a  seal  for  the  authen* 
tication  of  their  official  acts. 

MAY  GRANT  WRITS  OF  HABEAS  CORPUS;  PRO- 
CEEDINGS.  They  shall  also  have  power  to  grant  writs  of 
habeas  corpus  for  the  purpose  of  inquiring  into  the  cause  of 
restraint  of  liberty,  which  writs  shall  be  made  returnable  be- 
fore  the  said  district  judge  for  said  district;  and  like  proceed- 
ings shall  be  had  thereon  as  if  the  same  had  been  granted  by 
said  judge  under  the  general  laws  of  the  United  States  in  such 
cases. 

TO  HAVE  POWERS  OF  NOTARY  PUBLIC.  Said  com- 
missioners shall  also  have  the  powers  of  notaries  public,  and 
shall  keep  a  record  of  all  deeds  and  other  instruments  of  writ- 
ing acknowledged  before  them  and  relating  to  the  title  to  or 
transfer  of  pr6perty  within  said  district,  which  record  shall  be 
subject  to  public  inspection. 

ACCOUNTS.  Said  commissioners  shall  also  keep  a  record 
of  all  fines  and  forieitures  received  by  them,  and  shall  pay  over 
the  same  quarterly  to  the  clerk  of  said  district  court. 

GOVERNOR  TO  INVESTIGATE  OPERATIONS  OF 
ALASKA  SEAL  AND  FUR  CO.  The  governor  appointed 
under  the  provisions  of  this  act  shall,  from  time  to  time,  in- 
quire into  the  operations  of  the  Alaska  Seal  and  Fur  Com- 
pany, and  shall  annually  report  to  Congress  the  result  of  such 
inquiries  and  any  and  all  violations  by  said  company  of  the 
agreement  existing  between  the  United  States  and  said  com- 
pany. 


ALASKA. 


H 


MARSHAL'S  POWERS.  Sec.  6.  That  the  marshal  for  said 
district  shall  have  the  general  authority  and  powers  of  the 
United  States  marshals  of  the  States  and  Territories. 

TO  EXECUTE  PROCESS,  &c.  He  shall  be  the  executive 
officer  of  said  court,  and  charged  with  the  execution  of  all  pro- 
cess of  said  court  and  with  the  transportation  and  custody  of 
prisoners,  and  he  shall  be  ex  officio  keeper  of  the  jail  or  peni- 
tentiary of  said  district. 

TO  APPOINT  4  DEPUTIES;  LOCATION  AND  DU- 
TIES.  R.  S.,  Sec.  788.  He  shall  appoint  four  deputies,  who 
shall  reside  severally  at  the  towns  of  Sitka,  Wrangel,  Oonalash- 
ka,  and  Juneau  City,  and  they  shall  respectively  be  ex  officio 
constables  and  executive  officers  of  the  commissioners'  courts 
herein  provided,  ard  shall  have  the  powers  and  discharge  the 
duties  of  United  States  deputy  marshals,  and  those  of  con- 
stables  under  the  laws  of  the  State  of  Oregon  now  in  force. 

LAWS  OF  OREGON  ADOPTED.  Sec.  7.  That  the  gen- 
eral  laws  of  the  State  of  Oregon  now  in  force  are  hereby  de- 
clared to  be  the  law  in  said  district,  so  far  as  the  same  may  be 
applicable  and  not  in  conflict  with  the  provisions  of  thiir>  act  or 
the  laws  of  the  United  States. 

IMPRISONMENT.  And  the  sentence  of  imprisonment  in 
any  criminal  case  shall  be  carried  out  by  confinement  in  the 
jail  or  penitentiary  hereinafter  provided  for. 

DISTRICT  COURT,  EXCLUSIVE  JURISDICTION, 
WHAT.  But  the  said  district  court  shall  have  exclusive  juris- 
diction in  all  cases  in  equity  or  those  involving  a  question  of 
title  to  land,  or  mining  rights,  or  the  constitutionality  of  a  law, 
and  in  all  criminal  offenses  which  are  capital. 

CIVIL  CASES.  In  all  civil  cases,  at  common  law,  any  is- 
sue of  fact  shall  be  determined  by  a  jury,  at  the  instance  of 
either  party. 

APPEAL  FROM  COMMISSIONERS,  WHEN  TO  LIE. 
And  an  appeal  shall  lie  in  any  case,  civil  or  criminal,  from 
the  judgment  of  said  commissioners  to  the  said  district  court 
where  the  amount  involved  in  any  civil  case  is  two  hundred 
dollars  or  moret  and  in  any  criminal  case  where  a  fine  of  more 
than  one  hundred  dollars  or  imprisonment  is  imposed,  upon 
the  filing  of  a  sufficient  appeal  bond  by  the  party  appealing, 
to  be  approved  by  the  court  or  commissioner. 


CIVIL  GOVERNMENT.  «s 

WRITS  OF  ERROR  IN  CRIMINAL  CASES  FROM 
CIRCUIT  COURT  OF  OREGON.  WriU  of  error  in  crim. 
inal  cases  shall  issue  to  the  said  district  court  from  the 
United  States  Circuit  Court  for  the  district  of  Oregon  in  the 
cases  provided  in  chapter  one  hundred  and  seventy-six  (a)  of 
the  laws  of  eighteen  hundred  and  seventy-nine;  and  the  juris- 
diction thereby  conferred  upon  circuit  courts  is  hereby  given 
to  the  circuit  court  of  Oregon. 

FINAL  JUDGMENT  REVIEWED  BY  SUPREME 
COURT  U.  S.  And  the  final  judgments  or  decrees  of  said 
circuit  and  district  court  may  be  reviewed  by  the  Supreme 
Court  of  the  United  States  as  in  other  cases  (3). 

LAND  DISTRICT,  WITH  OFFICE  AT  SITKA.  Sec.  8. 
That  the  said  district  of  Alaska  is  hereby  created  a  land  dis- 
trict, and  a  United  States  land  office  for  said  district  is  hereby 
located  at  Sitka. 

REGISTER  AND  SURVEYOR-GENERAL.  The  com- 
missioner  provided  for  by  this  act  to  reside  at  Sitka  shall  be 
ex  officio  register  of  said  land  office,  and  the  clerk  provided  for 
by  this  act  shall  be  ex  officio  receiver  of  public  moneys,  and  the 
marshal  provided  for  by  this  act  shall  be  ex  officio  surveyor- 
general  of  said  district. 

MINING  LAWS  TO  APPLY.  And  the  laws  of  the 
United  States  relating  to  mining  claims,  and  the  rights  inci- 
dent thereto,  shall,  from  and  after  the  passage  of  this  act,  be 
in  full  force  and  ef^^ect  in  said  district,  under  the  administration 
thereof  herein  provided  for,  subject  to  such  regulations  as  may 
be  made  by  the  Secretary  of  the  Interior,  approved  by  the  Pres- 
ident. 

PERSONS  IN  POSSESSION  OF  LANDS  NOT  TO  BE 
DISTURBED,  &c.  Provided,  That  the  Indians  or  other  per- 
sons  in  said  district  shall  not  be  disturbed  in  the  possession  of 
any  lands  actually  in  their  use  or  occupation  or  now  claimed 
by  them,  but  the  terms  under  which  such  persons  may  acquire 
title  to  such  lands  is  reserved  for  future  legislation  by  Con- 
gress. 

MINING  LOCATORS  MAY  PERFECT  CLAIMS.  And 
Provided  further.  That  parties  who  have  located  mines  or  min- 
eral privileges  therein  under  the  laws  of  the  United  States  ap- 
plicable to  the  public  domain,  or  who  have  occupied  and  im- 


T 


<4  ALASKA. 

proved  or  exercised  acts  of  ownership  over  such  claims,  shall 
not  be  disturbed  therein,  but  shall  be  allowed  to  perfect  their 
title  to  such  claims  by  payment  as  aforesaid. 

MISSIONARY  STATIONS  CONFIRMED.  And  pro- 
vided oUo,  That  the  land  not  exceeding  six  hundred  and  forty 
acres  at  any  station  now  occupied  as  missionary  stations 
among  the  Indian  tribes  in  said  section,  with  the  improve- 
ments thereon  erected  by  or  for  such  societies,  shall  be  con- 
tinued in  the  occupancy  of  the  several  religious  societies  to 
which  said  missionary  stations  respectively  belong  until  action 
by  Congress. 

GENERAL  LAND  LAWS  NOT  TO  APPLY.  But  noth- 
ing  contained  in  this  act  shall  be  construed  to  put  in  force  in 
said  district  the  general  land  laws  of  the  United  States. 

OFFICERS-THEIR  APPOINTMENTS.  Sec.  9.  That 
the  governor,  attorney,  judge,  marshal,  clerk,  and  commis- 
sioners provided  for  in  this  act  shall  be  appointed  by  the 
President  of  the  United  States,  by  and  with  the  advice  and 
consent  of  the  Senate,  and  shall  hold  their  respective  offices  for 
the  term  of  four  years,  and  until  their  successors  are  appointed 
and  qualified. 

FEES.  They  shall  severally  receive  the  fees  of  office  estab- 
lished by  law  for  the  several  offices  the  duties  of  which  have 
been  hereby  conferred  upon  them,  as  the  same  are  determined 
and  allowed  in  respect  of  similar  offices  under  the  laws  of  the 
United  States,  which  fees  shall  be  reported  to  the  Attorney 
General  and  paid  into  the  Treasury  of  the  United  States. 

SALARIES.  They  shall  receive  respectively  the  following 
annual  salaries: 

The  governor,  the  sum  of  three  thousand  dollars;  the  attor- 
ney, the  sum  of  two  thousand  five  hundred  dollars;  the  mar- 
shal, the  sum  of  two  thousand  five  hundred  dollars;  the  judge, 
the  sum  of  three  thousand  dollars;  and  the  clerk,  the  sum  of 
two  thousand  five  hundred  dollars,  payable  to  them  quarterly 
from  the  Treasury  of  the  United  States. 

TRAVELING  EXPENSES.  The  district  judge,  marshal, 
and  District  Attorney  shall  be  paid  their  actual,  necessary  ex- 
penses when  traveling  in  the  discharge  of  their  official  duties. 

ACCOUNTS.    A  detailed  account  shall  be  rendered  of  such 


CIVIL  GOVERNMENT.  i^ 

expenses  under  oath  and  as  to  the  marshal  and  district  attor- 
ney such  account  shall  be  approved  by  the  judge,  and  as  to> 
his  expenses  by  the  Attorney-General. 

FEES  OF  COMMISSIONERS.  The  commissioners  shalT 
receive  the  usual  fees  of  United  States  commissioners  and  of 
justices  of  the  peace  for  Oregon,  and  such  fees  for  recording- 
instruments  as  are  allowed  by  the  laws  of  Oregon  for  similar 
services,  and  in  addition  a  salary  of  one  thousand  dollars  each. 

SALARY  OF  DEPUTY  MARSHALS.  The  deputy  mar- 
shals, in  addition  to  the  usual  fees  of  constables  in  Oregon^ 
shall  receive  each  a  salary  of  seven  hundred  and  fifty  dol1ars^ 
which  salaries  shall  also  be  payable  quarterly  out  of  the  Treas- 
ury of  the  United  States. 

OATH  OF  OFFICE.  NO  LEGISLATURE  OR  DELE- 
GATE  TO  CONGRESS.  Each  of  said  officials  shall,  before 
entering  on  the  duties  of  his  office,  take  and  subscribe  an  oath 
that  he  will  faithfully  execute  the  same,  which  said  oath  may 
be  taken  before  the  judge  of  said  district  or  any  United  Statea 
district  or  circuit  judge.  That  all  officers  appointed  for  said 
district,  before  entering  upon  the  duties  of  their  offices,  shall 
take  the  oaths  required  by  law  and  the  laws  of  the  United 
States,  not  locally  inapplicable  to  said  district  and  not  incon- 
sistent with  the  provisions  of  this  act  are  hereby  extended 
thereto;  but  there  shall  be  no  legislative  assembly  in  said  dis- 
trict, nor  shall  any  Delegate  be  sent  to  Congress  therefrom. 

BOND  OF  CLERK.  And  the  said  clerk  shall  execute  a 
bond,  with  sufficient  sureties,  in  the  penalty  of  ten  thousand 
dollars,  for  the  faithful  performance  of  his  duties,  and  file  the 
same  with  the  Secretary  of  the  Treasury  before  entering  on 
the  duties  of  his  office. 

OF  COMMISSIONERS.  And  the  commissioners  shalt 
each  execute  a  bond,  with  sufficient  sureties,  in  the  penalty  of 
three  thousand  dollars,  for  the  faithful  performance  of  tVi^ir 
duties,  and  file  the  same  with  the  clerk  before  entering  on  the 
duties  of  their  ofiice. 

PUBLIC  BUILDINGS.  Sec.  lo.  That  any  of  the  public 
buildings  in  said  district  not  required  for  the  customs  service 
or  military  purposes  shall  be  used  for  court  rooms  and  offices 
of  the  civil  government;  and  the  Secretary  of  the  Treasury  i» 
hereby  directed  to  instruct  and  authorize  the  custodian  of  said 


„. 


^ 


ALASKA. 


I 


buildings  forthwith  to  make  such  repairs  to  the  jail  in  the 
town  of  Sitka,  in  said  district,  as  will  render  it  suitable  for 
a  jail  and  penitentiary  for  the  purposes  of  the  civil  govern* 
ment  hereby  provided,  and  to  surrender  to  the  marshal  the 
custody  of  said  jail  and  the  other  public  buildings,  or  such 
parts  of  said  buildings  as  may  be  selected  for  court-rooms,  offi- 
ces, and  officials. 

LAWS  TO  BE  COMPILED  BY  ATTORNEY-GENERAL 
PRINTED  AND  DISTRIBUTED.  Sec.  ii.  That  the  At- 
torney-General is  directed  forthwith  to  compile  and  cause  to 
he  printed,  in  the  English  language,  in  pamphlet  form,  so 
much  of  the  general  laws  of  th£  United  States  as  is  applicable 
to  the  duties  of  the  governor,  attorney,  judge,  clerk,  marshals, 
and  commissioners  appointed  for  said  district,  and  shall  fur- 
nish for  the  use  of  the  officers  of  said  Territory  so  many 
copies  as  may  be  needed  of  the  laws  of  Oregon  applicable  to 
said  district.  , 

COMMISSIONERS  TO  EXAMINE  AND  REPORT  ON 
CONDITION  OF  INDIANS,  LANDS,  &c.  Sec.  12.  That 
the  Secretary  of  the  Interior  shall  select  two  of  the  officers  to 
l)e  appointed  under  this  act,  who,  together  with  the  governor, 
shall  constitute  a  commission  to  examine  into  and  report  upon 
the  condition  of  the  Indians  residing  in  said  Territory,  what 
lands,  if  any,  should  be  reserved  for  their  use,  what  provision 
■shall  be  made  for  their  education,  what  rights  by  occupation  of 
settlers  should  be  recognized,  and  all  other  facts  that  may  be 
-necessary  to  enable  Congress  to  determine  what  limitations  or 
conditions  should  be  imposed  when  the  land  laws  of  the  United 
States  shall  be  extended  to  said  district  and  to  defray  the 
•expenses  of  said  commission  the  sum  of  two  thousand  dollars 
is  hereby  appropriated  out  of  any  moneys  in  the  Treasury  not 
otherwise  appropriated. 

EDUCATION  OF  CHILDREN.  Sec.  13.  That  the 
Secretary  of  the  Interior  shall  make  needful  and  proper 
provision  for  the  education  of  the  children  of  school  age  in  the 
Territory  of  Alaska,  without  reference  to  race,  until  such  time 
as  permanent  provision  shall  be  made  for  the  same,  and  the 
5um  of  tewnty-five  thousand  dollars,  or  so  much  thereof  as  may 
he  necessary,  is  hereby  appropriated  for  this  purpose. 

EXISTING   LAWS    FOR    ALASKA    TO     REMAIN     IN 


UNITED  STATES  MINING  LAWS.  17 

FORCE  EXCEPT,  &c.  Sec.  14.  That  the  provisions  of 
chapter  three,  title  twenty-three,  of  the  Revised  Statutes  of 
the  United  States  relating  to  the  unorganized  Territory  of 
Alaska,  shall  remain  in  full  force,  except  as  herein  specially 
otherwise  provided. 

PROHIBITION  AS  TO  INTOXICATING  LIQUORS. 
And  the  importation,  manufacture,  and  sale  of  intoxicating 
liquors  in  caid  district  except  for  medicinal,  mechanical  and 
scientific  purposes  is  hereby  prohibited  under  the  penalties 
which  are  provided  in  section  nineteen  hundred  and  fifty-five 
of  the  Revised  Statutes  for  the  wrongful  importation  of  dis- 
tilled  spirits. 

PRESIDENT  TO  MAKE  NECESSARY  REGULA- 
TIONS, &c.  And  the  President  of  the  United  States  shall 
make  such  regulations  as  are  necessary  to  carry  out  the  pro- 
visions of  this  section. 

(May  17,  1884.) 

MINING  LAWS  OF  ALASKA.  Section  8  of  said  Act  of 
May  17,  1884,  as  above  given,  provides  "That  the  laws  of  the 
United  States  relating  to  mining  claims  and  the  rights  incident 
thereto,  shall,  from  and  after  the  passage  of  said  act,  be  in  full 
force  and  effect  in  said  district  of  Alaska,  subject  to  such  regu- 
lations as  may  be  made  by  the  Secretary  of  the  Interior,  ap* 
proved  by  the  President." 


MINING  LAWS  OF  UNITED  STATES. 


Title  XXXII,    Chapter  6,   Revised   Stats.   U.    S.   with   Amend- 
*        ments,  Land  Olfiice  Instructions,  and  Forms. 

MINERAL  LANDS  RESERVED.  Section  2318.  In  all 
cases  lands  valuable  for  minerals  shall  be  reserved  from  sale, 
except   as   otherwise  expressly   directed   by   law. 

LANDS  OPEN  TO  PURCHASE.  Sec.  2319.  4  July,  1866, 
10  MAY,  1872.  All  valuable  mineral  deposits  in  lands  belong- 
ing, to  the  United  States,  both  surveyed  and  unsurveyed,  are 
hereby  declared  to  be  free  and  open  to  exploration  and  pur- 
chase,  and  the   lands   in   which  they  are  found  to   occupation 


a8 


ALASKA. 


I 


and  purchase,  by  citizens  of  the  United  States  and  those  who 
have  declared  their  intention  to  become  such,  under  regula- 
tions prescribed  by  law,  and  according  to  the  local  customs  or 
rules  of  miners  in  the  several  mining  districts,  so  far  as  the 
same  are  applicable  and  not  inconsistent  with  the  laws  of  the: 
United  States. 

LENGTH  OF  CLAIMS.  Sec.  2320.  10  May,  187a.  Mining: 
claims  upon  veins  or  lodes  of  quartz  or  other  rock  in  place 
bearing  gold,  silver,  cinnabar,  lead,  tin,  copper  or  other  valu- 
able deposits,  heretofore  located,  shall  be  governed  as  to  lengtb 
along  the  vein  or  lode  by  the  customs  regulations,  and  laws 
in  force  at  the  date  of  their  location.  A  mining  claim  located 
after  the  tenth  day  of  May,  eighteen  hundred  and  seventy-two, 
whether  located  by  one  or  r.ore  persons,  may  equal,  but  shall- 
not  exceed,  one  thousand  rive  hundred  feet  in  length  along 
the  vein  or  lode;  but  no  location  of  a  mining  claim  shall  be 
made  until  the  discovery  of  the  vein  or  lode  within  the  limits 
of  the  claim  located.  No  claim  shall  extend  more  than  three 
hundred  feet  on  each  side  of  the  middle  of  the  vein  at  the  sur- 
face, nor  shall  any  claim  be  limited  by  any  mining  regulation 
to  less  than  twenty-five  feet  on  each  side  of  the  middle  of  the 
vein  at  the  surface,  except  where  adverse  rights  existing  on  the 
tenth  day  of  May,  eighteen  hundred  and  seventy-tW'  ,  render 
such  limitation  necessary.  The  end  lines  of  each  claim  shall 
be  parallel  to  each  other. 

PROOF  OF  CITIZENSHIP.  Sec.  2321.  Proof  of  cit'zen- 
ship.  under  this  chapter,  may  consist,  in  the  case  of  an  indi- 
vidual, of  his  own  affidavit  thereof;  in  the  case  of  an  associa- 
tion of  persons  unincorporated,  of  the  affidavit  of  their  au- 
thorized agent,  made  on  his  own  knowledge,  or  upon  informa- 
tion and  belief;  and  in  the  case  of  a  corporation  organized  un- 
der the  laws  of  the  United  States,  or  of  any  State  or  Territory 
thereof  by  the  filing  of  a  certified  copy  of  their  charter  or  cer- 
tificate of  incorporation. 

LOCATORS'  RIGHTS.  Sec.  2322.  The  locators  of  all  min- 
ing locations  heretofore  made  or  which  shall  hereafter  be  made, 
on  any  mineral  vein,  lode,  or  ledge,  situated  on  the  public  do- 
main, their  heirs  and  assigns,  where  no  adverse  claim  exists- 
on  the  tenth  day  of  May,  cVhteen  nundred  and  seventy-two, 
so  long  as  they  comply  with    the  laws  of    the  United    Stales^ 


UNITED  STATES  MINING  LAWS.  J9 

«nd  with  State,  Territorial,  and  local  regulations  not  in  conflict 
-w'th  the  laws  of  the  United  States  governing  their  possessory 
title,  shall  have  the  exclusive  right  of  possession  and  enjoy- 
ment of  all  the  surface  included  within  the  lines  of  the  loca- 
tions, and  of  all  veins,  lodes,  and  ledges  throughout  their  en- 
tire depth,  the  top  or  apex  of  which  lies  inside  of  such  surface 
lines  extended  downward  vertically,  although  such  veins,  lodes, 
or  ledges  may  so  far  depart  from  a  perpendicular  in  their 
course  downward  as  to  extend  outside  the  vertical  side  lines 
of  such  surface  locations.  But  their  right  of  possession  to 
such  outside  parts  of  such  veins  or  ledges  shall  be  confined  to 
such  portions  thereof  as  lie  between  vertical  planes  drawn 
downward  as  above  described,  through  the  end  lines  of  their 
locations,  so  continued  in  their  own  direction  that  such  planes 
will  intersect  such  exterior  oarts  of  such  veins  or  ledges.  And 
nothing  in  this  section  shall  authorize  the  locator  or  possessor 
of  a  vein  or  lode  which  extends  in  its  downward  course  beyond 
the  vertical  lines  of  his  claim  to  enter  upon  the  surface  of  a 
claim  owned  or  possessed  by  another. 

TUNNEL  RIGHTS.  Sec.  2323.  Where  a  tunnel  is  run  for 
the  development  of  a  vein  or  lode,  or  for  the  discovery  of  mines, 
the  owners  of  such  tunnel  shall  have  the  right  of  possession  of 
all  veins  or  lodes  within  three  thousand  feet  from  the  face  of 
such  tunnel  on  the  line  thereof,  not  previously  known  to  ex- 
ist, discovered  in  such  tunnel,  to  the  same  extent  as  if  discov- 
ered from  the  surface;  and  locations  on  the  line  of  such  tunnel 
of  veins  or  lodes  not  appearing  on  the  surface,  made  by  other 
parties  after  the  commencement  of  the  tunnel,  and  while  the 
same  is  being  prosecuted  with  reasonable  diligence,  shall  be 
invalid;  but  failure  to  prosecute  the  work  on  the  tunnel  for  six 
months  shall  be  considered  as  an  abandonment  of  the  right  to 
all  undiscovered  veins  on  the  line  of  such  tunnel. 

MINERS'  REGULATIONS.  Sec.  2324.  See  amendments 
of  Feb.  II,  187s,  and  July  18,  1894,  Post.  The  miners  of  each 
mining  district  may  make  regulations  not  in  conflict  with  the 
laws  of  the  United  States,  or  with  the  laws  of  the  State  or  Ter- 
ritory in  which  the  district  is  situated,  governing  the  location, 
manner  of  recording,  amount  of  work  necessary  to  hold  posses- 
sion of  a  mining  claim,  subject  to  the  following  requirements: 
The  location  must  be  distinctly  marked  on  the  ground  so  that 


30 


ALASKA. 


its  boundaries  can  be  readily  traced.  All  records  of  mining; 
claims  hereafter  made  shall  contain  the  name  or  names  of  the 
locators,  the  date  of  the  location,  and  such  a  description  of  the 
claim  or  claims  located  by  reference  to  some  natural  object  or 
paramount  monument  as  will  identify  the  claim.  On  each  claim 
located  after  the  tenth  day  of  May,  eighteen  hundred  and  sev- 
enty-two, and  until  a  patent  has  been  issued  therefor,  not  less 
than  one  hundred  dollars'  worth  of  labor  shall  be  performed  or 
improvements  made  during  each  year.  On  all  claims  located 
prior  to  the  tenth  day  of  May,  eighteen  hundred  and  seventy-*" 
two,  ten  dollars'  worth  of  labor  shall  be  performed  or  improve- 
ments made  by  the  tenth  day  of  June,  eighteen  hundred  and 
seventy-four,  and  each  year  thereafter,  for  each  one  hundred 
feet  in  length  along  the  vein  until  a  patent  has  been  issued 
therefor;  but  where  such  claims  are  held  in  common,  such  ex 
penditure  may  be  made  upon  any  one  claim;  and  upon  a  failure 
to  comply  with  these  conditions,  the  claim  or  mine  upon  which 
such  failure  occurred  shall  be  open  to  re-location  in  the  same 
manner  as  if  no  location  of  the  same  had  ever  been  made,  pro- 
vided ichat  the  original  locators,  their  heirs,  assigns,  or  legal 
representatives,  have  not  resumed  work  upon  the  c^aim  after 
failure  and  before  such  location.  Upon  the  failure  of  any  one 
of  several  co-owners  to  contribute  his  proportion  of  the  expend- 
itures required  hereby,  the  co-owners  who  have  performed  the 
labor  or  made  the  improvements  may,  at  the  expiration  of  the 
year,  give  such  delinquent  co-owner  personal  notice  in  writing 
or  notice  by  publication  in  the  newspaper  published  nearest  the 
claim,  for  at  least  once  a  week  for  ninety  days,  and  if  at  the 
expiration  of  ninety  days  after  such  notice  in  writing  or  by 
publication  such  delinquent  should  fail  or  refuse  to  contribute 
his  proportion  of  the  expenditure  required  by  this  section,  his 
interest  in  the  claim  shall  become  the  property  of  his  co-owners 
who  have  made  the  required  expenditures. 

PATENTS,  HOW  OBTAINED.  Sec.  2325.  10  May,  1873. 
See  Amendments  of  April  ^,  1882,  post.  A  patent  for  any  land 
claimed  and  located  for  valuable  deposits  may  be  obtained  in 
the  following  manner:  Any  person,  association,  or  corporation 
authorized  to  locate  a  claim  under  this  chapter,  having  claimed 
and  located  a  piece  of  land  for  such  purposes,  who  has,  or  have, 
complied  with  the  terms  of  this  chapter,  may  file  in  the  proper 
land  office  an  application  for  a  patent,  under  oath,  showing  such 


UNITED  STATES  MINING  LAWS. 


Sc 


compliance,  together  with  a  plat  and  fieId*notes  of  the  claim  or 
claims  in  common,  made  by  or  under  the  direction  of  the 
United  States  surveyor-general,  showing  accurately  the  bound- 
aries of  the  claim  or  claims,  which  shall  be  distinctly  marked 
by  monuments  on  the  ground,  and  shall  post  a  copy  of  such 
plat,  together  with  a  notice  of  such  application  for  a  patent,  in 
a  conspicuous  place  on  the  land  embraced  in  such  plat  previous 
to  the  filing  of  the  application  for  a  patent,  and  shall  file  an 
affidavit  of  at  least  two  persons  that  such  notice  has  been  duly 
posted,  and  shall  file  a  copy  of  the  notice  in  such  land  office, 
and  shall  thereupon  be  entitled  to  a  patent  for  the  land,  in  the 
manner  following:  The  register  of  the  land  office,  upon  the  fil- 
ing of  such  application,  plat,  field  notes,  notices,  and  affidavits, 
shall  publish  a  notice  that  such  application  has  been  made,  for 
the  period  of  sixty  days,  in  a  newspaper  to  be  by  him  desig- 
nated as  published  nearest  to  such  claim;  and  he  shall  also' 
post  such  notice  in  his  office  for  the  same  period.  The  claim- 
ant at  the  time  of  filing  this  application,  or  at  any  time  there- 
after, within  the  sixty  days  of  publication,  shall  file  with  the 
register  a  certificate  of  the  United  States  surveyor-general  that 
five  hundred  dollars  worth  of  labor  has  been  expended  or  im- 
provements made  upon  the  claim  by  himself  or  grantors;  that 
the  plat  is  correct,  with  such  further  description  by  such  refer- 
ence to  natural  objects  or  permanent  monuments  as  shall 
identify  the  claim,  and  furnish  an  accurate  description,  to  be 
incorporated  in  the  patent.  At  the  expiration  of  the  sixty  day» 
of  publication  the  claimant  shall  file  his  affidavit,  showing  that 
the  plat  and  notice  have  been  posted  in  a  conspicuous  place  on 
the  claim  during  such  period  of  publication.  If  no  adverse 
claim  shall  have  been  filed  with  the  register  and  the  receiver 
of  the  proper  land  office  at  the  expiration  of  the  sixty  days  of 
publication,  it  shall  be  assumed  that  the  applicant  is  entitled 
to  a  patent,  upon  the  payment  to  the  proper  officer  of  five  dol- 
lars per  acre,  and  that  no  adverse  claim  exists;  and  thereafter 
no  objection  from  third  parties  to  the  issuance  of  a  patent  shall 
be  heard,  except  it  be  shown  that  the  applicant  has  failed  to 
comply  with  the  terms  of  this  chapter. 

ADVERSE  CLAIM.  Sec.  3326.  10  May,  1872.  Where  an 
adverse  claim  is  filed  during  the  period  of  publication,  it  shall 
be  upon  oath  of  the  person  or  persons  making  the  same,  and 
shall  show  the  nature,  boundaries  and  extent  of  such  adverse 


I  ii  \3\f\utmmmmmtm 


ALASKA. 


It 


J 


claim,  and  all  proceedings,  except  the  publication  of  notice  and 
making  and  filing  of  the  affidavit  thereof,  shall  be  stayed  until 
the  controversy  shall  have  been  settled  or  decided  by  a  court 
of  competent  jurisdiction,  or  the  adverse  claim  waived.  It 
«hall  be  the  duty  of  the  adverse  claimant,  within  thirty  days 
after  filing  his  claim,  to  commence  proceedings  in  a  court  of 
competent  jurisdiction,  to  determine  the  question  of  the  right 
of  possession,  and  prosecute  the  same  with  reasonable  diligence 
to  final  judgment;  and  a  failure  so  to  do  shall  be  a  waiver  of 
fiis  adverse  claim.  After  such  judgment  shall  have  been  ren- 
•dered,  the  party  entitled  to  the  possession  of  the  claim,  or  any 
portion  thereof,  may  without  giving  further  notice,  file  a  certi- 
fied copy  of  the  judgment-roll  with  the  register  of  the  land 
office,  together  with  the  certificate  of  the  surveyor-general  that 
the  requisite  amount  of  labor  has  been  expended  or  improve- 
ments made  thereon,  and  the  description  required  in  other 
cases,  and  shall  pay  to  the  receiver  five  dollars  per  acre  for  his 
claim,  together  with  the  proper  fees,  whereupon  the  whole  pro- 
ceedings and  the  judgment-roll  shall  be  certified  by  the  register 
to  the  Commissioner  of  the  General  Land  Office,  and  a  patent 
«hall  issue  thereon  for  the  claim,  or  such  portion  thereof  as 
the  applicant  shall  appear,  from  the  decision  of  the  court,  to 
rightly  possess.  If  it  appears  from  the  decision  of  the  court 
that  several  parties  are  entitled  to  separate  and  different  por- 
tions of  the  claim,  each  party  nvay  pay  for  his  portion  of  the 
claim  with  the  proper  fees,  and  file  the  certificate  and  descrip- 
tion by  the  surveyor-general,  whereupon  the  register  shall  cer- 
tify the  proceedings  and  judgment-roll  to  the  Commissioner  of 
the  General  Land  Office,  as  in  the  preceding  case,  and  patents 
shall  issue  to  the  several  parties  according  to  their  respective 
rights.  Nothing  herein  contained  shall  be  construed  to  prevent 
the  alienation  of  a  title  conveyed  by  a  patent  for  a  mining  claim 
to  any  person  whatever. 

COSTS.  That  if,  in  any  action  brought  pursuant  to  section 
twenty-three  hundred  and  twenty-six  of  the  Revised  Statutes, 
title  to  the  ground  in  controversy  shall  not  be  established  by 
cither  party,  the  jury  shall  so  find,  and  judgment  shall  be  en- 
tered according  to  the  verdict.  In  such  case  costs  shall  not 
lie  allowed  to  either  party,  and  the  claimant  shall  not  proceed 
in  the  land  office  or  be  entitled  to  a  patent  for  the  ground  in 
controversy  until  he  shall  have  perfected  his  title.  Approved 
March  3,  1881  (ai  Stat.,  505). 


UNITED  STATES  MINING  LAWS. 


33 


VERIFIED  BY  OATH,  ETC.  That  the  adverse  claim  re- 
<iuired  by  section  twenty-three  hundred  and  twenty-six  of  the 
Revised  Statutes  may  be  verified  by  the  oath  of  any  duly  au« 
thorized  agent  or  attorney-in-fact  of  the  adverse  claimant  cog- 
nizant of  the  facts  stated;  and  the  adverse  claimant,  if  re- 
siding, or  at  the  time  being  beyond  the  limits  of  the  district 
wherein  the  claim  is  situated,  may  make  oath  to  the  adverse 
claim  before  the  clerk  of  any  court  of  record  of  the  United 
States  or  the  State  or  Territory  where  the  adverse  claimant 
may  then  be,  or  before  any  notary  public  of  such  State  or  Terri- 
tory. 

PROOF  OF  CITIZENSHIP.  Sec.  2.  That  applicants  for 
mineral  patents,  if  residing  beyond  the  limits  of  the  district 
wherein  the  claim  is  situated,  may  make  any  oath  or  affidavit 
required  for  proof  of  citizenship  before  the  clerk  of  any  court 
of  record,  or  before  any  notary  public  of  any  State  or  Territory. 
Approved  April  26,  1882  (22  Stat.,  49). 

DESCRIPTION  OF  VEIN-CLAIMS.  Sec.  2327.  The  de- 
scription of  vein  or  lode  claims,  upon  surveyed  lands,  shall 
designate  the  location  of  the  claim  with  reference  to  the  lines 
of  the  public  surveys,  but  need  not  conform  therewith;  but 
where  a  patent  shall  be  issued  for  claims  upon  unsurveyed 
lands,  the  surveyor-general,  in  extending  the  surveys,  shall  ad- 
just the  same  to  the  boundaries  of  such  patented  claim,  accord- 
ing to  the  plat  or  description  thereof,  but  so  as  in  no  case  to 
interfere  with  or  change  the  location  of  any  such  patented 
claim. 

EXISTING  RIGHTS.  Sec.  2328.  Applications  for  patents 
for  mining-claims  under  former  laws  now  pending  may  be  pros- 
ecuted to  a  final  decision  in  the  General  Land  Office;  but  in 
such  cases  where  adverse  rights  are  not  affected  thereby, 
patents  may  issue  in  pursuance  of  the  provisions  of  this  chap- 
ter; and  all  patents  for  mining-claims  upon  veins  or  lodes  here- 
tofore issued  shall  convey  all  the  rights  and  privileges  con- 
ferred by  this  chapter  where  no  adverse  rights  existed  on  the 
tenth  day  of  May,  eighteen  hundred  and  seventy-two. 

PLACER-CLAIMS  SUBJECT  TO  ENTRY  AND  PAT- 
ENT,  HOW.  Sec.  2329.  9  July,  1870.  Claims  usually  called 
"placers,"    including    all    forms    of   deposit,    excepting    veins    of 

3 


I! 
'  '1 


M 


ALASKA. 


; 


I 

I 


■ 


quartz,  or  other  rock  in  place,  shall  be  subject  to  entry  and 
patent,  under  like  circumstances  and  conditions,  and  upon  sim- 
ilar proceedings,  as  are  provided  for  vein  or  lode  claims;  but 
where  the  lands  have  been  previously  surveyed  by  the  United 
States,  the  entry  in  its  exterior  limits  shall  conform  to  the  legal 
subdivisions  of  the  public  lands. 

SUBDIVISIONS  OF  TEN-ACRE  TRACTS;  MAXIMUM 
OF  PLACER  LOCATIONS.  Sec.  2330.  Legal  subdivisions  of 
forty  acres  may  be  subdivided  into  ten-acre  tracts;  and  two  or 
more  persons  or  association  of  persons,  having  contiguous 
claims  of  any  size,  although  such  claims  may  be  less  than  ten 
acres  each,  may  make  joint  entry  thereof;  but  no  location  of  a 
placer-claim,  made  after  the  ninth  day  of  July,  eighteen  hun- 
dred and  seventy,  shall  exceed  one  hundred  and  sixty  acres  for 
any  one  person  or  association  of  persons,  which  location  shall 
conform  to  the  United  States  surveys;  and  nothing  in  this  sec- 
tion contained  shall  defeat  or  impair  any  bona  fide  pre-emption 
or  homestead  claim  upon  agricultural  lands,  or  authorize  the 
sale  of  the  improvements  of  any  bona  fide  settler  to  any  pur- 
chaser. 

CONFORMITY  OF  PLACER-CLAIMS  TO  SURVEYS; 
LIMITATION  OF  CLAIMS.  Sec.  2331.  10  May,  187a. 
Where  placer  claims  are  upon  surveyed  lands,  and  conform  to 
legal  subdivisions,  no  further  survey  or  plat  shall  be  required, 
and  all  placer  mining  claims  located  after  the  tenth  day  of  May, 
eighteen  hundred  and  seventy-two,  shall  conform  as  near  as 
practicable  with  the  United  States  system  of  public  land  sur- 
veys, and  the  rectangular  subdivisions  of  such  surveys,  and  no 
such  location  shall  include  more  than  twenty  acres  for  each 
individual  claimant;  but  where  placer  claims  can  not  be  con- 
formed to  legal  subdivisions,  survey  and  plat  shall  be  made  as 
on  unsurveyed  lands;  and  where  by  the  segregation  of  mineral 
lands  in  any  legal  subdivision  a  quantity  of  agricultural  land 
less  than  forty  acres  remains,  such  fractional  portion  of  agri- 
cultural land  may  be  entered  by  any  party  qualified  by  law,  for 
homestead  or  pre-emption  purposes. 

WHAT  EVIDENCE,  ETC.,  TO  ESTABLISH  RIGHT  TO 
A  PATENT.  Sec.  3332.  9  July,  1870.  Where  such  person  or 
association,  they  and  their  grantors,  have  held  and  worked 
their  claims  for  a  period  equal  to  the  time  prescribed  by  the 


UNITED  STATES  MINING  LAWS. 


3S 


statute  of  limitations  for  raining  claims  of  the  State  or  Terri- 
tory where  the  same  may  be  situated,  evidence  of  such  posses- 
sion and  working  of  the  claims  for  such  period  shall  be  sufh- 
cient  to  establish  a  right  to  a  patent  thereto  under  this  chapter*, 
in  the  absence  of  any  adverse  claim;  but  nothing  in  this  chap- 
ter shall  be  deemed  to  impair  any  lien  which  may  have  attached 
in  any  way  whatever  to  any  mining  claim  or  property  thereto- 
attached  prior  to  the  issuance  of  a  patent. 

PROCEEDINGS  FOR  PATENT.  PRICE.  Sec.  2333.  10 
Mayi  1872.  Where  the  same  person,  association,  or  corporatiotii 
is  in  possession  of  a  placer  claim,  and  also  a  vein  or  lode  in- 
cluded within  the  boundaries  thereof,  application  shall  be  made- 
for  a  patent,  for  the  placer  claim,  with  the  sta*er->p"*  thnt  it 
includes  such  vein  or  lode,  and  in  such  case  a  patent  shall  issue 
for  the  placer  claim,  subject  to  the  provisions  of  this  chapter, 
including  such  vein  or  lode,  upon  the  payment  of  five  dollars- 
per  acre  for  such  vein  or  lode  claim,  and  twenty -five  feet  of 
surface  on  each  side  thereof.  The  remainder  of  the  placer- 
claim,  or  any  placer-claim  not  embracing  any  vein  or  lode-claim, 
shall  be  paid  for  at  the  rate  of  two  dollars  and  fifty  cents  per 
acre,  together  with  all  costs  of  proceedings;  and  where  a  whole- 
vein  or  lode,  such  as  is  described  in  section  twenty-three  hun- 
dred and  twenty,  is  known  to  exist  within  the  boundaries  of  a 
placer-claim,  an  application  for  a  patent  for  such  placer-claim 
which  does  not  include  an  application  for  the  vein  or  lode  claim, 
shall  be  construed  as  a  conclusive  declaration  that  the  claim- 
ant of  the  placer  claim  has  no  right  of  possession  of  the  veia 
or  lode-claim;  but  where  the  existence  of  a  vein  or  lode  in  a 
placer-claim  is  not  known,  a  patent  for  the  placer-claim  shall 
convey  all  valuable  mineral  and  other  deposits  within  the 
boundaries  thereof. 

SURVEYORS  OF  MINING  CLAIMS,  ETC.  Sec.  2334. 
The  surveyor-general  of  the  United  States  may  appoint  in  eacb 
land-district  containing  mineral  lands  as  many  competent  sur- 
veyors as  shall  apply  for  appointment  to  survey  mining-claims. 
The  expenses  of  the  survey  of  vein  or  lode-claims,  and  the  sur- 
vey and  subdivision  of  placer-claims  into  smaller  quantities  than 
one  hundred  and  sixty  acres,  together  with  the  costs  of  publica- 
tion of  notices,  shall  be  paid  by  the  applicants,  and  they  shall  be 
at  liberty  to  obtain  the  same  at  the  most  reasonable  rates,  and 


I! 


ALASKA. 


they  shall  also  be  at  liberty  to  employ  any  United  States  deputy 
surveyor  to  make  the  survey.  The  Commissioner  of  the  General 
Land  Office  shall  also  have  power  to  establish  the  maximum 
charges  for  surveys  and  publication  of  notices  under  this  chap* 
ter;  and,  in  case  of  excessive  charges  for  publication,  he  may 
designate  any  newspaper  published  in  a  land-district  where  mines 
are  situated  for  the  publication  of  mining  notices  in  such  dis- 
trict  and  fix  the  rates  to  be  charged  by  such  paper;  and,  to  the 
end  that  the  Commissioner  may  be  fully  informed  on  the  sub- 
ject, each  applicant  shall  file  with  the  register  a  sworn  state- 
ment of  all  charges  and  fees  paid  by  such  applicant  for  publica- 
tion and  surveys,  together  with  all  fees  and  money  paid  the  reg- 
ister and  the  receiver  of  the  land-office,  which  statement  shall  be 
transmitted,  with  the  other  papers  in  the  case,  to  the  Commis- 
sioner of  the  General  Land  Office. 

VERIFICATION  OF  AFFIDAVITS,  ETC.  Sec.  2335-  All 
affidavits  required  to  be  made  under  this  chapter  may  be  veri- 
fied before  any  officer  authorized  to  administer  oaths  within  the 
land  district  where  the  claims  may  be  situated,  and  all  testimony 
and  proofs  may  be  taken  before  any  such  officer,  and,  when 
duly  certified  by  the  officer  taking  the  same,  shall  have  the  same 
force  and  effect  as  if  taken  before  the  register  and  receiver  of 
the  land  office  In  cases  of  contest  as  to  the  mineral  or  agri- 
cultural character  of  the  land,  the  testimony  and  proofs  may  be 
taken  as  herein  provided  on  personal  notice  of  at  least  ten  days 
to  the  opposing  party;  or  if  such  party  cannot  be  found,  then  by 
publication  of  at  least  once  a  week  for  thirty  days  in  a  news- 
paper, to  be  designated  by  the  register  of  the  land  office  as  pub- 
lished nearest  to  the  location  of  such  land;  and  the  register 
shall  require  proof  that  such  notice  has  been  given. 

WHERE  VEINS  INTERSECT,  ETC.  Sec.  2336.  Where 
two  or  more  veins  intersect  or  cross  each  other,  priority  of  title 
shall  govern,  and  such  prior  location  shall  be  entitled  to  all  ore 
or  mineral  contained  within  the  space  of  intersection;  but  the 
subsequent  location  shall  have  the  right  of  way  through  the 
space  of  intersection  for  the  purpose  of  convenient  working  of 
the  mine.  And  where  two  or  more  veins  unite,  the  oldest  or 
prior  location  shall  take  the  vein  below  the  point  of  union,  in- 
cluding all  the  space  of  intersection. 

PATENTS  FOR  NON-MINERAL  LAND,  ETC.    Sec.  2337. 


UNITED  STATES  MINING  LAWS. 


Iff 


Where  non-mineral  land  not  contiguous  to  the  vein  or  lode  is 
used  or  occupied  by  the  proprietor  of  such  vein  or  lode  for  min- 
ing or  milling  purposes,  such  non-adjacent  surface  ground  may 
be  embraced  and  included  in  an  application  for  a  patent  for 
such  vein  or  lode,  and  the  same  may  be  patented  therewith^ 
subject  to  the  same  preliminary  requirements  as  to  survey  and 
notice  as  are  applicable  to  veins  or  lodes;  but  no  locationi 
hereafter  made  of  such  non-adjacent  land  shall  exceed  five  acres» 
and  payment  for  the  same  must  be  made  at  the  same  rate  as- 
fixed  by  this  chapter  for  the  superficies  of  the  lode.  The  owner 
of  a  quartz  mill  or  reduction  works,  not  owning  a  mine  in  con* 
nection  therewith,  may  also  receive  a  patent  for  his  mill-site,  as- 
provided  in  this  section. 

WHAT  CONDITIONS  OF  SALE  MAY  BE  MADE  BY 
LOCAL  LEGISLATURE.  Sec.  2338.  26  July,  1866.  As  a  con-^ 
dition  of  sale,  in  the  absence  of  necessary  legislation  by  Con> 
gress,  the  local  legislature  of  any  State  or  Territory  may  pro- 
vide  rules  for  working  mines,  involving  easements,  drainage* 
and  other  necessary  means  to  their  complete  development;  and 
those  conditions  shall  be  fully  expressed  in  the  patent. 

VESTED  RIGHTS  TO  USE  OF  WATER  FOR  MINING,. 
&C.;  RIGHT  OF  WAY  FOR  CANALS.  Sec.  3339.  26  July, 
1866.  Whenever,  by  priority  of  possession,  rights  to  the  use  of 
water  for  mining,  agricultural,  manufacturing,  or  other  pur- 
poses, have  vested  and  accrued,  and  the  same  are  recognized^ 
and  acknowledged  by  the  local  customs,  laws,  and  the  decisions 
of  courts,  the  possessors  and  owners  of  such  vested  rights  shalf 
be  maintained  and  protected  in  the  same;  and  the  right  of  way 
for  the  construction  of  ditches  and  canals  for  the  purposes 
herein  specified  is  acknowledged  and  confirmed;  but  whenever 
any  person,  in  the  construction  of  any  ditch  or  canal,  injures  or 
damages  the  possession  of  any  settler  on  the  public  domain,  the 
party  committing  such  injury  or  damage  shall  be  liable  to  the 
party  injured  for  such  injury  or  damage. 

PATENTS,  PRE-EMPTIONS,  AND  HOMESTEADS  SUB- 
JECT TO  VESTED  AND  ACCRUED  WATER-RIGHTS. 
Sec.  2340.  9  July,  1870.  All  patents  granted,  or  pre-emption  or 
homesteads  allowed,  shall  be  subject  to  any  vested  and  accrued 
water-rights  or  rights  to  ditches  and  reservoirs  used  in  connec- 
tion with  such  water-rights,  as  may  have  been  acquired  under 
or  recognized  by  the  preceding  section. 


' 


j8  ALASKA. 

MINERAL  LANDS  IN  WHICH  NO  VALUABLE  MINES 
ARE  DISCOVERED,  OPEN  TO  HOMESTEADS.  Sec.  3341. 
^  July,  1866.  Wherever,  upon  the  lands  heretofore  designated 
«s  mineral  lands,  which  have  been  excluded  from  survey  and 
tale,  there  have  been  homesteads  made  by  citizens  of  the  United 
States,  or  persons  who  have  declared  their  intention  to  become 
•citizens,  which  homesteads  have  been  made,  improved,  and  used 
for  agricultural  purposes,  and  upon  which  there  have  been  no 
valuable  mines  of  gold,  silver,  cinnabar,  or  copper  discovered, 
and  which  are  properly  agricultural  lands,  the  settlers  or  owners 
of  such  homesteads  shall  have  a  right  of  pre>emption  thereto, 
and  shall  be  entitled  to  purchase  the  same  at  the  price  of  one 
-dollar  and  twenty-five  cents  per  acre,  and  in  quantity  not  to  ex- 
ceed one  hundred  and  sixty  acres;  or  they  may  avail  themselves 
•of  the  provisions  of  chapter  five  of  this  Title,  relating  to  "Home- 
steads." 

MINERAL  LANDS,  HOW  SET  APART  AS  AGRICUL- 
TURAL LANDS.  Sec.  2341.  a6  July,  1866.  Upon  the  survey  of 
the  lands  described  in  the  preceding  section,  the  Secretary  of 
the  Interior  may  designate  and  set  apart  such  portions  of  the 
same  as  are  clearly  agricultural  lands,  which  lands  shall  there- 
after be  subject  to  pre-emption  and  sale  as  other  public  lands, 
and  be  subject  to  all  the  laws  and  regulations  applicable  to  the 
same. 

ADDITIONAL  LAND  DISTRICTS  AND  OFFICERS, 
POWER  OF  THE  PRESIDENT  TO  PROVIDE.  Sec.  3343. 
^  July,  1866.  The  President  is  authorized  to  establish  additional 
land-districts,  and  to  appoint  the  necessary  officers  under  exist- 
ing laws,  wherevirr  he  may  deem  the  same  necessary  for  the 
-public  convenien',     in  executing  the  provisions  of  this  chapter. 

PROVISIONS  OF  THIS  CHAPTER  NOT  TO  AFFECT 
CERTAIN  RIGHTS.  Sec.  2344.  10  May,  i8'»2,  c.  152,  s.  16,  v. 
I7>  P*  96;  9  July,  1870.  Nothing  contained  m  this  chapter  shall 
"be  construed  to  impair,  in  any  way,  rights  or  interests  in  min- 
ing property  acquired  under  existing  laws,  nor  to  affect  the 
provisions  of  the  act  entitled  "An  act  granting  to  A.  Sutro  the 
right  of  way  and  other  privileges  to  aid  in  the  construction  of  a 
•draining  and  exploring  tunnel  to  the  Comstock  lode,  in  the 
State  of  Nevada,*'  approved  July  twenty-five,  eighteen  hundred 
And   sixty-six. 


UNITED  STATES  MINING  LAWS. 


39 


MINERAL  LANDS  IN  CERTAIN  STATES  EXCEPTED. 
Sec.  a345.  i8  Feb.,  1873.  The  provisions  of  the  preceding  sec* 
tions  of  this  chapter  shall  not  apply  to  the  mineral  lands  sit- 
uated in  the  States  of  Michigan,  Wisconsin,  and  Minnesota, 
which  are  declared  free  and  open  to  exploration  and  purchase, 
according  to  legal  subdivisions,  in  like  manner  as  before  the 
tenth  day  of  May,  eighteen  hundred  and  seventy-two.  And  any 
bona  fide  entries  of  such  lands  within  the  States  named  since 
the  tenth  of  May,  eighteen  hundred  and  seventy-two,  may  be 
patented  without  reference  to  any  of  the  foregoing  provisions  of 
this  chapter.  Such  lands  shall  be  offered  for  public  sale  in  the 
same  manner,  at  the  same  minimum  price,  and  under  the  same 
rights  of  pre-emption  as  other  public  lands. 

GRANT  OF  LANDS  TO  STATES  OR  CORPORATIONS 
NOT  TO  INCLUDE  MINERAL  LANDS.  Sec.  2346.  30  Jan. 
1865.  No  act  passed  at  the  first  session  of  the  thirty-eighth 
Congrress,  granting  lands  to  States  or  corporations  to  aid  in  the 
construction  of  roads  or  for  other  purposes,  or  to  extend  the 
time  of  grants  made  prior  to  the  thirtieth  day  of  January,  eight- 
een hundred  and  sixty-five,  shall  be  so  construed  as  to  embrace 
mineral  lands,  which  in  all  cases  are  reserved  exclusively  to  the 
United  States,  unless  otherwise  specially  provided  in  the  act 
or  acts  making  the  grant. 


REPEAL  PROVISIONS. 
TITLE  LXXIV. 


WHAT  REVISED  STATUTES  EMBRACE.  Sec.  5595. 
The  foregoing  seventy-three  titles  embrace  the  statutes  of  the 
United  States  general  and  permanent  in  their  nature,  in  force 
on  the  ist  day  of  December,  one  thousand  eight  hundred  and 
seventy-three,  as  revised  and  consolidated  by  commissioners 
appointed  under  an  act  of  Congress,  and  the  same  shall  be  des- 
ignated and  cited  as  The  Revised  Statutes  of  the  United  States. 

REPEAL  OF  ACTS  EMBRACED  IN  REVISION.  Sec. 
5596.  All  acts  of  Congress  passed  prior  to  said  first  day  of  De- 
cember, one  thousand  eight  hundred  and  seventy-three,  any 
portion  of  which  is  embraced   in  any  section  of  said  revision. 


r 


40 


ALASKA. 


are  hereby  repealed,  and  the  section  applicable  thereto  shall 
be  in  force  in  lieu  thereof;  all  parts  of  such  acts  not  contained 
in  such  revision,  having  been  repealed  or  superseded  by  sub- 
sequent acts,  or  not  being  general  and  permanent  in  their  na- 
ture:  Provided,  That  the  incorporation  into  such  revision  of 
any  general  and  permane|it  provision,  taken  from  an  act  male- 
ing  appropriations,  or  from  an  act  containing  other  provision* 
of  a  private,  local  or  temporary  character,  shall  not  repeal,  or 
in  any  way  aflect,  any  appropriation,  or  any  provision  of  a  pri- 
vate, local,  or  temporary  character,  contained  in  any  of  said 
acts,  but  the  same  shall  remain  in  force ;  and  all  acts  of  Con- 
gress passed  prior  to  said  last-named  day  no  part  of  which  are 
embraced  in  said  revision,  shall  not  be  affected  or  changed 
by   its   enactment. 

ACCRUED  RIGHTS  RESERVED.  Sec.  5597-  The  re- 
peal of  the  several  acts  embraced  in  said  revision,  shall  not 
affect  any  act  done,  or  any  right  accruing  or  accrued,  or  any 
suit  or  proceeding  had  or  commenced  in  any  civil  cause  be- 
fore the  said  repeal,  but  all  rights  and  liabilities  under  said 
acts  shall  continue,  and  may  be  enforced  in  the  same  manner^ 
as  if  sa^d  repeal  had  not  been  made;  nor  shall  said  repeal,  in 
any  manner  affect  the  right  to  any  office,  or  change  the  term 
or  tenure  thereof. 

PROSECUTIONS  AND  PUNISHMENTS.  Sec.  5598.  All 
offenses  comm'tted,  and  all  penalties  or  forfeitures  incurred  un- 
der any  statute  embraced  in  »mid  revision  prior  to  said  repeal 
may  be  prosecuted  &nd  punished  in  the  same  manner  and  with 
the  same  effect,  as  if  said  repeal  had  not  been  i.iade. 

ACTS  OF  LIMITATION.  Sec.  SS99.  All  acts  of  limita- 
tion, whether  applicable  to  civil  causes  and  proceedings,  or  to 
the  prosecution  of  offens'is,  or  for  the  recovery  of  penalties  or 
forfeitures,  embraced  in  said  revision  and  covered  by  said  re« 
peal,  shall  not  be  affected  thereby,  but  all  suits,  proceedings  or 
prosecutions,  whether  civil  or  criminal,  for  causes  arising,  or 
acts  done  or  committed  prior  to  said  repeal,  may  be  com- 
menced arid  prosecuted  within  the  same  time  as  if  said  repeal 
had  iio^ -befen  made. 

^^^^RttA'>^ii£MENT  AND  CLASSIFICATION  OF  SliC- 
T1kI>NSi'"^e6/  5600.  The  arrangement  and  classiification  of  the 
<i^erifl'^^^ti^^s  of  *ht  revision  have  been  made  for  the  purpose 


UNITED  STATES  MINING  LAWS. 


41 


of  a  more  convenient  and  orderly  arrangement  of  the  same» 
and  therefore  no  inference  or  presumption  of  a  legislative  con- 
struction is  to  be  drawn  by  reason  of  the  Title,  under  which 
any  particular  section  is  placed. 

ACTS  PASSED  SINCE  DEC.  i,  1873,  NOT  AFFECTED. 
Sec.  5601.  The  enactment  of  the  said  revision  is  not  to  affect 
or  repeal  any  act  of  Congress  passed  since  the  ist  day  of  D^ 
cember,  one  thousand  eight  hundred  and  seventy-three,  and  all 
acts  passed  since  that  date  are  to  have  full  effect  as  if  passed 
after  the  enactment  of  this  revision,  and  so  far  as  such  acts 
vary  from,  or  conflict  with  any  provision  contained  in  said  re- 
vision, they  are  to  have  effect  as  subsequent  statutes,  and  a» 
repealing  any  portion  of  the  revision  inconsistent  therewith. 

Approved,  June  uat  i874« 


AN  ACT  to  amend  the  act  entitled  "An  act  to  promote  the 
development  of  the  mining  resources  of  the  United  States," 
passed  May  tenth,  eighteen  hundred  and  seventy-tvo. 

Be  it  enaoted  Jty  the  Benate  and  House  of  Representative* 
of  the  United  States  of  America  in  Congress  assembled^ 
That  the  provisions  of  the  fifth  section  of  the  act  entitled 
"An  act  to  promote  the  development  of  the  mining  resourcea 
of  the  United  States,"  passed  May  tenth,  eighteen  hundred  and 
seventy-two,  which  requires  expenditures  of  labor  and  im- 
provements on  claims  located  prior  to  the  pa^ssage  of  said  act» 
are  hereby  so  amended  that  the  time  for  the  first  annual  ifxpen- 
diture  on  claims  located  prior  to  the  passage  of  said  act  shall 
be  extended  to  the  fir&t  day  of  January,  eighteen  hundred  and 
seventy-five. 

Approved  June  6,   1874  (18  Stat.,  61). 


AN  ACT  to  amend  section  two  thousand  three  hundred   and 
twenty-four  of  the  Revised  Statutes,  relating  to  the  develop- 
ment of  the  mining  resources  of  the  United  States. 

Be  it  enacted  by  the  Benate  and  House  of  Representative* 
of  the  United  Btates  of  America  in  Congress  assembled. 
That  section  two  thousand  three  hundred  and  twenty-four  of 
the  Revised  Statutes  be,  and  the  same  is  hereby  amended  so 
that  wheie  a  person  or  company  has  or  may  run  a  tunnel  for 


42 


ALASKA. 


the  purpose  of  developing  a  lode  or  lodes,  owned  by  said  per* 
son  or  company,  the  money  so  expended  in  said  tunnel  shall 
be  taken  and  considered  as  expended  on  said  lode  or  lodes, 
whether  located  prior  to  or  since  the  passage  of  said  act,  and 
«uch  person  or  company  shall  not  be  required  to  perform  work 
on  the  surface  of  said  lode  or  lodes  in  order  to  hold  the  same 
an  required  by  said  act. 

Approved  February  ii,  1875  (x8  Stat.,  315). 


AN  ACT  to  exclude  the  States  of  Missouri  and  Kansas  from 
the  provisions  of  the  act  of  Congress  entitled  "An  act  to  pro- 
mote the  development  of  the  mining  resources  of  the  United 
States,"  approved  May  tenth,  eighteen  hundred  and  seventy- 
two. 

Be  it  enacted  hy  the  Benatc  and  House  of  Representatives 
iff  the  United  States  of  America  in  Congress  assembled. 
That  within  the  States  of  Missouri  and  Kansas  defosits  c"* 
coal^  iron,  lead,  or  other  mineral  be,  and  they  are  hereby,  ex- 
cluded from  the  operation  of  the  act  entitled  "An  act  to  pro- 
mote the  development  of  the  mining  resources  of  the  United 
States,"  approved  May  tenth,  eighteen  hundred  and  seventy- 
two,  and  all  lands  in  said  states  shall  be  subject  to  disposal  as 
agricultural  lands. 

Approved  May  5.   1876  (19  Stat.,  5a). 


AN  ACT  authorizing  the  citizens  of  Colorado,  Nevada,  and 
the  Territories  to  fell  and  remove  timber  on  the  public  do- 
main for  mining  and  domestic  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled. 
That  all  citizens  of  the  United  States  and  other  persons,  bona 
fide  residents  of  the  State  of  Colorado  or  Nevada,  or  either  of 
the  Territories  of  New  Mexico,  Arizona,  Utah,  Wyoming,  Da- 
fcotb,  Idaho,  or  Montana,  and  all  other  mineral  districts  of  the 
United  States,  shall  be  and  are  hereby,  authorized  and  permit- 
ted to  fell  and  remove,  for  building,  agricultural,  mining,  or 
other  domestic  purposes,  any  timber  or  other  trees  growing  or 
being  on  the  public  lands,  said  lands  being  mineral,  and  not 
subject  to  entry  undtr  existing  laws  of  the  United  States,  ex- 


UNITED  STATES  MINING  LAWS. 


4S 


cept  for  mineral  entry,  in  either  of  said  States,  Territories,  or 
districts  of  whieh  such  citizens  or  persons  may  be  at  the  time 
bona  fide  residents,  subject  to  such  rules  and  regulations  as 
the  Secretary  of  the  Interior  may  prescribe  for  the  protection 
of  the  timber  and  of  the  undergrowth  growing  upon  such  lands, 
and  for  other  purposes;  Provided,  The  provisions  of  this  act 
shall  not  extend  to  railroad  corporations. 

Sec.  2.  That  ii  shall  be  the  duty  of  the  register  and  the  re- 
ceiver of  any  local  land  ofhce  in  whose  district  any  mineral 
land  may  be  situated  to  ascertain  from  time  to  time  whether 
any  timber  is  being  cut  or  used  upon  any  such  lands,  except 
for  the  purposes  authorized  by  this  act,  within  their  respective 
land  districts;  and,  if  so,  they  shall  immediately  notify  the 
Commissioner  of  the  General  Land  Office  of  that  fact;  and  all 
necessary   expenses  incurred   in   making  such   proper  examina- 

)^3  shall  be  paid  and  allowed  sur!i  register  and  receiver  in 
iadking  up  their  next  quarterly  accounts. 

Sec.  3.  Any  persost  or  persous  who  shall  violate  the  provi> 
iions  of  this  act,  or  any  rules  and  regulations  in  pursuance 
thereof  made  by  the  Secretary  of  the  Intericr,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  fined 
in  any  sum  not  exceeding  five  hundred  dollars,  and  to  waich 
may  be  added  imprisonment  for  any  term  noc  exceeding  six 
months. 

Approved  June  3,   1878  (20  Stat.,  88). 


AN  ACT  to  amend  sections  ti^enty-three  hundred  and  twenty- 
four  9 'A    rvventy-three    hundred    and    twenty-five  of  the   Re- 
vised F«  ^u-e8  of  the  United  States  concerning  mineral  lands. 
Be  a  Trttv^f  <!  hy  the  Senate  and  Hotus   of   Repreaentativea 
of    the    Un'-v^    Btates    of   America    in    Oongrese    aaeemltled. 
That  section  twenty-three  hundred  and  twenty-five  of  the  Re- 
vised Statutes  of  the  United    States  be    amended    by    adding 
thereto    the    following    words:       "Provided,    That    where    the 
claimant  for  a  patent  is  not  a  rrsident  ci  or  within  the  land- 
district  whirein  the  vein,  lode,  ledge,  or  deposit  sought  to  be 
patented  is  located,  the  application  for  patent  and  the  affidavits 
requi    I  to  be  made  in  this  section  by  the  claimant  for  such 
pate;  ;.   ray  be  made  by  his,  her,  or  its  authorized  agent,  where 
s&id  &gt..;  ij  conversant  with  the  facts  sought  to  be  established 


\f. 


44 


ALASKA. 


i 


by  said  affidavits:  And  provided.  That  this  section  shall  apply 
to  all  applications  now  pending  for  patents  to  mineral  lands." 

Sec.  2.  That  section  twenty-three  hundred  and  twenty-four 
of  the  Revised  Statutes  of  the  United  States  be  amended  by 
adding  the  following  words:  "Provided,  That  the  period  with- 
in which  the  work  required  to  be  done  annually  on  all  unpat- 
ented mineral  claims  shall  commence  on  the  first  day  of  Jan- 
uary succeeding  the  date  of  location  of  such  claim,  and  this 
section  shall  apply  to  all  claims  located  since  the  tenth  day  of 
May,  anno  Domini  eighteen  hundred  and  seventy-two." 

Approved  January  aa,  i89o  (ai  Stat.,  6i). 


AN  ACT  to  exclude  th'    )  i«Mic  lands  in  Alabama  irom  the  op- 
eration of  the  laws  reU  'o  mineral  lands. 

Be  it  enacted  by  the  Bene  j  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled. 
That  within  the  State  of  Alabama  all  public  lands,  whether 
mineral  or  otherwise,  shall  be  subject  to  disposal  only  as  agri- 
cultural lands:  Provided,  however.  That  all  lands  which  have 
heretofore  been  reported  to  the  General  Land  Office  as  con- 
taining coal  and  iron  shall  first  be  offered  at  public  sale; 
And  provided  further.  That  any  bona  fide  entry  under  the  pro- 
visions of  the  homestead  law  of  lands  within  said  State  here- 
tofore made  may  be  patented  without  reference  to  an  act  ap- 
proved May  tenth,  eighteen  hundred  and  seventy-two,  entitled^ 
"An  act  to  promote  the  development  of  the  mining  resources 
of  the  United  States,"  in  cases  where  the  persons  making  ap- 
plication for  such  patents  have  in  all  other  respects  complied 
with  the  homestead  law  relating  thereto. 

Approved,   March  3*  1883  (,22  Stat.»  487). 


AN  ACT  making  appropriations  for  sundry  civil   expenses  of 
the  Government  for  the  fiscal    year    ending    June    thirtieth* 
eighteen  hundred   and   ninety-one,   and  for  other   purposes. 
Be  it  enacted  hy  the  Senate  and  House   of   Representatives 

of    the    United    States    of    America    in    Cwtgress    assembled, 

•         •         •         • 

No  person  who  shall,  after  the    passage  of  this    act,    enter 
upon  any  of  the  public  lands  with  a  view  to  occupation,  entry^ 


UNITED  STATES  MINING  LAWS. 


4S 


or  settlement  under  any  of  the  land  laws  shall  be  permitted 
to  acquire  title  to  more  than  three  hundred  and  twenty  acres 
in  the  aggregate,  under  all  of  said  laws,  but  this  limitation 
shall  not  operate  to  curtail  the  right  of  any  person  who  has 
heretofore  made  entry  or  settlement  on  the  public  lands,  or 
whose  occupation,  entry,  or  settlement  is  validated  by  this  act: 
Provided,  That  in  all  patents  for  lands  hereafter  taken  up  un- 
der  any  of  the  land  laws  of  the  United  States  or  on  entries  or 
claims  validated  by  this  act,  west  of  the  one  hundredth  meiid* 
ian  it  shall  be  expressed  that  there  is  reserved  from  the  lands 
in  said  patent  described  a  right  of  way  thereon  for  ditches  or 

canals  constructed  by  the  authority  of  the  United  States.       * 

•  •  •  •  • 

Approved  August  30,  1890  (a6  Stat.,  371). 


AN  ACT  to    repeal    timber-culttirs  laws,    and    for    other    pur- 
poses. 

Be  it  enacted  by  the  Senate  and  House   of   Repreaentativea 
of    the    United    States    of    America    in    Congress    assembled. 


Sec.  16.  That  town  site  entries  may  be  made  by  incorpo- 
rated towns  and  cities  on  the  mineral  lands  of  the  United 
States,  but  no  title  shall  be  acquired  by  such  towns  or  cities  to 
any  vein  of  gold,  silver,  cinnabar,  copper,  or  lead,  or  to  any 
valid  mining  claim  or  possession  held  under  existing  law. 
When  mineral  veins  are  possessed  within  the  limits  of  an  in- 
corporated town  or  city,  and  such  possession  is  recognized  by 
local  authority  or  by  the  laws  of  the  United  States,  the  title  to 
town  lots  shall  be  subject  to  such  recognized  possession  and 
the  necessary  use  thereof  and  when  entry  has  been  made  or 
patent  issued  for  such  town  sites  to  such  incorporated  town  or 
city,  the  possessor  of  such  mineral  vein  may  enter  and  receive 
patent  for  such  mineral  vein,  and  the  surface  ground  appertain- 
ing thereto:  Provided,  That  no  entry  shall  be  made  by  such 
mineral-vein  claimant  for  surface  ground  where  the  owner  or 
occupier  of  the  surface  ground  shall  have  had  possession  of 
the  same  before  the  inception  of  the  title  of  the  mineral-vein 
applicant. 

Sec.  17.  That  reservoir  sites  located  or  selected  and  to  be 
located  and  selected  under  the  provisions  of  "An  act  making 


I 


;S! 


m 


ti! ' 


i\ 

i' 


J. 


4i  ALASKA. 

appropriations  for  sundry  civil  expenses  of  the  Government  for 
the  fiscal  year  ending  June  thirtieth,  eighteen  hundred  and 
eighty>nine,  and  for  other  purposes."  and  amendments  thereto, 
shall  be  restricted  to  and  shall  contain  only  so  much  land  as  is 
actually  necessary  for  the  construction  and  maintenance  of  res- 
ervoiikS  excluding  so  far  as  practicable  lands  occupied  by  ac- 
tual  settlers  at  the  date  of  the  location  of  said  reservoirs,  and 
that  the  provisions  of  "An  act  making  appropriations  for  sun- 
dry civil  expenses  of  the  Government  for  the  fiscal  year  ending 
June  thirtieth,  eighteen  hundred  and  ninety-one,  and  for  other 
purposes,"  which  reads  as  follows,  viz:  "No  person  who  shall 
alter  the  passage  of  this  act  enter  upon  any  of  the  public  lands 
with  a  view  to  occupation,  entry,  or  settlement  under  any  of  the 
land  laws  shall  be  permitted  to  acquire  title  to  more  than  three 
hundred  and  twenty  acres  in  tke  aggregate  under  all  said  laws," 
shall  be  construed  to  include  in  the  maximum  amount  of 
lands  the  title  to  which  is  permitted  to  be  acquired  by  one  per- 
son only  agricultural  lands  and  not  include  lands  entered  or 
sought  to  be  entered  under  mineral  land  laws. 

Approved  March  3,   1891   (26  Stat.,  109s). 
9710  M.  L— 4 


REGULATIONS    AND    INSTRUCTIONS    OF    GENERAL 

LAND    OFFICE   UNDER   FOREGOING 

STATUTES. 


MINERAL  LANDS  OPEN  TO  EXPLORATION,  OC- 
CUPATION, AND  PURCHASE,  i.  It  will  be  perceived 
that  by  the  foregoing  provisions  of  law  the  mineral  lands  in 
the  public  domain,  surveyed  or  unsurveyed,  are  open  to  ex- 
ploration, occupation,  and  purchase  by  all  citizens  of  the 
United  States,  and  all  those  who  have  declared  their  inten- 
tions to  become  such. 


UNITED  STATES  MINING  REGULATIONS.         vp" 

STATUS     OF     LODE-CLAIMS     LOCATED     PRIOR     TO 

MAY  zo,  187J. 

a.  By  an  examination  of  the  several  sections  of  the  Revised 
Statutes  it  will  be  seen  that  the  atatU9  of  lode-claims  located 
previous  to  the  loth  of  May,  187a,  is  not  changed  with  regard  to 
their  ewtent  along  the  lode  or  width  of  surface. 

MINING  RIGHTS  ENLARGED.  3.  Mining  rights  ac- 
quired under  such  previous  locations  are,  however,  enlarged 
by  such  Revised  Statutes  in  the  following  respect,  viz.:  The  lo- 
cators of  all  such  previously  taken  veins  or  lodes,  their  heira 
and  assigns,  so  long  as  they  comply  with  the  laws  of  Congress 
and  with  State,  Territorial,  or  local  regulations  not  in  conflict 
therewith,  governing  mining  claims,  are  invested  with  the  ex- 
clusive possessory  right  of  all  the  surface  included  within  the 
lines  of  their  locations,  and  of  all  veins,  lodes,  or  ledgea 
throughout  their  entire  depth,  the  top  or  apex  of  which  lies  in- 
side of  such  surface  lines  extended  downward  vertically,  al- 
throuffh  such  veins,  lodes,  or  ledges  may  so  far  depart  from  a 
perpendicular  in  their  course  downward  as  to  extend  outside 
the  vertical  side-lines  of  such  locations  at  the  surface,  it  being 
expressly  provided,  however,  that  the  right  of  possession  to 
such  outside  parts  of  said  veins  or  ledges  shall  be  confined  to 
such  portions  thereof  as  lie  between  vertical  planes  drawn 
downward,  as  aforesaid,  through  the  end  lines  of  their  locations 
so  continued  in  their  own  direction  that  such  planes  will  inter- 
sect such  exterior  parts  of  such  veins,  lodes,  or  ledges;  na» 
right  being  granted,  however,  to  the  claimant  of  such  outside 
portion  of  a  vein  or  ledge  to  enter  upon  the  surface  location  of 
another  claimant. 

LIMIT  OF  POSSESSORY  RIGHTS.  4.  It  is  to  be  dis- 
tinctly understood,  however,  that  the  law  limits  the  possessory 
right  to  veins,  lodes,  or  ledges,  other  than  the  one  named  in 
the  original  location,  to  such  as  were  not  adversely  claimed  on 
May  10,  187a,  and  that  where  such  other  vein  or  ledge  was  so 
adversely  claimed  at  that  date,  the  right  of  the  party  so  ad- 
versely claiming  is  in  no  way  impaired  by  the  provisions  of  the 
Revised  Statutes. 

CLAIMS  LOCATED  PRIOR  TO  MAY  xo,  187a.  5.  In  or- 
der to  hold  the  possessory  title  to  a  mining  claim  located  prior 
to  May  10.   1872,  and  for  which  a  patent  has  not  been  issued. 


Jill 


I 


4i 


ALASKA. 


the  law  requires  that  ten  dollara  shall  be  expended  annually  in 
labor  or  improvements  on  each  claim  of  one  hundred  feet  on 
the  course  of  the  vein  or  lode  until  a  patent  shall  have  been  is- 
sued therefor;  but  where  a  number  of  such  claims  are  held  in 
common  upon  the  same  vein  or  lode,  the  aggregate  expendi- 
ture  that  would  be  necessary  to  hold  all  the  claims,  at  the  rate 
of  ten  dollars  per  hundred  feet,  may  be  made  upon  any  one 
claim;  a  failure  to  comply  with  this  requirement  in  aiiy  one 
year  subjecting  the  claim  upon  which  such  failure  occurred  to 
relocation  by  other  parties,  the  same  as  if  no  previous  location 
thereof  had  ever  been  made,  unless  the  claimants  under  the 
original  location  shall  have  resumed  work  thereon  after  such 
failure  and  before  such  relocation.  The  first  annual  expendi- 
ture upon  claims  of  this  class  should  have  been  performed  sub- 
sequent to  May  zo,  187a,  and  prior  to  January  i,  1875.  From 
and  after  January  x,  1875,  the  required  amount  must  be  ex- 
pended annually  until  patent  issues.  By  decision  of  the  hon- 
orable Secretary  of  the  Interior,  dated  March  4,  1879,  such  an- 
nual expenditures  are  not  required  subsequent  to  entry,  the 
date  of  issuing  the  patent  certificate  being  the  date  contem- 
plated by  statute. 

DELINQUENT  OWNEiEl.  NOTICE  BY  CO-OWNER.  6. 
Upon  the  failure  of  any  one  of  several  co-owner^  of  a  vein, 
lode,  or  ledge,  which  has  not  been  entered,  to  contribute  his 
proportion  of  the  expenditures  necessary  to  hold  the  claim  or 
claims  so  held  in  ownership  in  common,  the  co-owners,  who 
have  performed  the  labor  or  made  the  improvements  as  re- 
quired by  said  Revised  Statutes,  may,  at  the  expiration  of  the 
year,  give  such  delinquent  co-owner  personal  notice  in  writing, 
or  notice  by  publication  in  the  newspaper  published  nearest 
the  claim  for  at  least  once  a  week  for  ninety  days;  and  if  upon 
the  expiration  of  ninety  days  after  such  notice  in  writing,  or 
upon  the  expiration  of  one  hundred  and  eighty  days  after  the 
first  newspaper  publication  of  notice,  the  delinquent  co-owner 
shall  have  failed  to  contribute  his  proportion  to  meet  such  ex< 
penditures  or  improvements,  his  interest  in  the  claim  by  law 
passes  to  his  co-owners  who  have  made  the  expenditures  or  im- 
provements as  aforesaid.  Where  a  claimant  alleges  ownership 
of  a  forfeited  interest  under  the  foregoing  provision,  the  sworn 
statement  of  the  publisher  as  to  the  facts  of  publication,  g'ving 


UNITED  STATES  MINING  REGULATIONS. 


49 


dates  and  a  printed  copy  of  the  notice  published,  should  be 
furnished,  and  the  claimant  must  swear  that  the  delinquent  co- 
owner  failed  to  contribute  his  proper  proportion  within  the 
period  fixed  by  the  statute. 


PATENTS  FOR  VEINS 


OR  LODES 
SUED. 


HER'ETOFORE  IS- 


RIGHTS  ENLARGED.  7.  Rights  under  patents  for  veins 
or  lodes  heretofore  granted  under  previous  legislation  of  Con- 
gress  are  enlarged  by  the  Revised  Statutes,  so  as  to  invest  the 
patentee,  his  heirs  or  assigns,  with  title  to  all  veins,  lodes, 
or  ledges  throughout  their  entire  depth,  the  top  or  apex  of 
which  lies  within  the  end  and  side  boundary  lines  of  his  claim 
on  the  surface,  as  patented,  extended  downward  vertically,  al- 
though such  veins,  lodes,  or  ledges  may  so  far  depart  from  a 
perpendicular  in  their  course  downward  as  to  extend  outside 
the  vertical  side-lines  of  the  claim  at  the  surface.  The  right 
of  possession  to  such  outside  parts  of  such  veins  or  ledges  to 
be  confined  to  such  portions  thereof  as  lie  between  vertical 
planes  drawn  downward  through  the  end  lines  of  the  claims  at 
the  surface,  so  continued  in  their  own  direction  that  such 
planes  will  intersect  such  exterior  parts  of  such  veins  or 
ledges;  it  being  expressly  provided,  however,  that  all  veins, 
lodes,  or  ledges,  the  top  or  apex  of  which  lies  inside  such  sur- 
face locations,  oth>er  than  the  one  named  in  the  patent,  which 
which  were  adversely  claimed  on  the  10th  of  May,  1872,  are  ex- 
cluded from  such  conveyance  by  patent. 

8.  Applications  for  patents  for  mining  claims  pending  at  the 
date  of  the  act  of  May  10,  1872,  may  be  prosecuted  to  final  de- 
cision in  the  General  Land  Office,  and  where  no  adverse  rights 
are  affected  thereby,  patents  will  be  issued  in  pursuance  of  the 
provisions  of  the  Revised  Statutes. 


MANNER     OF    LOCATING     CLAIMS     ON     VEINS     OR 
LODES  AFTER   MAY   10,   187a. 

(Forms,  see  index.) 
9.    From  and  after  the  loth  of  May,  1872,  any  person  who  is 
4 


ALASKA. 


11 

i  r 


VI 


a  citizen  of  the  United  States,  or  who  has  declared  his  inten- 
tion to  become  a  citizen,  may  locate,  record,  and  hold  a  mininir 
claim  of  fifteen  hundred  linear  feet  along  the  course  of  any 
mineral  vein  or  lode  subject  to  location;  or  an  association  of 
persons,  severally  qualified  as  above,  may  make  joint  location 
of  such  claim  of  fifteen  hundred  feet^  but  in  no  event  can  a  lo' 
cation  of  a  vein  or  lode  made  subsequent  to  May  lo,  i97z,  ex- 
ceed  fifteen  hundred  feet  along  the  course  thereof,  whatever 
may  be  the  number  of  persons  composing  the  association. 

LODE  CLAIM  CANNOT  EXCEED.  lo.  With  regard  to 
the  extent  of  surface-ground  adjoining  a  vein  or  lode,  and 
claimed  for  the  convenient  working  thereof,  the  Revised  Stat> 
utes  provide  that  the  lateral  extent  of  locations  of  veins  or 
lodes  made  after  May  lo,  1872,  shall  in  no  case  exceed  three 
hundred  feet  on  each  side  of  the  middle  of  the  vein  at  the  sur- 
face, and  that  no  such  surface  rights  shall  be  limited  by  any 
mining  regulations  to  less  than  twenty-five  feet  on  each  side  of 
the  middle  of  the  vein  at  the  surface,  except  where  adverse 
rights  existing  on  the  loth  Mav,  i^yt,  mav  render  such  limita- 
tion necessary;  the  end  line<t  of  such  claims  to  be  in  all  cases 
parallel  to  each  other.  Said  lateral  measurements  cannot  ex- 
tend beyond  three  hundred  feet  on  either  side  of  the  middle 
of  the  vein  at  the  surface,  or  such  distance  as  is  allowed  by 
local  laws.  For  examnle:  400  feet  cannot  be  taken  on  one  side 
and  200  feet  on  the  other.  If,  however,  300  feet  on  each  side 
are  allowed,  and  by  reason  of  prior  claims  but  100  feet  can  be 
taken  on  one  side,  the  locator  will  not  be  restricted  to  less 
than  300  feet  on  the  other  side;  and  when  the  locator  does  not 
determine  by  exploration  trhere  the  middle  of  the  vein  at  the 
surface  is,  his  discovery  shaft  must  be  assumed  to  mark  such 
point. 

EXTENT  FIXED  BY  LOCAL  REGULATIONS.  11.  By 
the  foregoing  it  will  be  perceived  that  no  lode-claim  located 
after  the  loth  May,  1872,  can  exceed  a  paralTelogram  fifteen  hun- 
dred feet  in  length  by  six  hundred  feet  in  width,  but  whether 
surface-ground  of  that  width  can  be  taken,  depends  upon  the 
local  regulations  or  State  or  Territorial  laws  in  force  in  the  sev- 
eral mining  districts;  and  that  no  such  local  regulations  or 
State  or  Territorial  laws  shall  limit  a  vein  or  lode  claim  to  less 
than  fifteen  hundred  feet  along  the  course  thereof,  whether  the 
location  is  made  by  one  or  more    persons,    nor    can    surface 


c 


UNITED  STATES  MINING  REGULATIONS. 


5t 


rights  be  limited  to  less  than  fifty  feet  in  width,  unless  adverse 
claims  existing  on  the  loth  day  of  May,  187a,  render  such  lateral 
liaiitation  necesaary. 

MINERS  MAY  MAKE  RULES,  ta.  It  is  provided  by  the 
Revised  Statutes  that  the  miners  of  each  district  may  make  rulea 
and  regulations  not  in  conflict  with  the  laws  of  the  United 
States,  or  of  the  State  or  Territory  in  which  such  district* 
are  respectively  situated,  governing  the  location,  manner  of  re* 
cording,  and  amount  of  work  necessary  to  hold  possession  of  a 
claim.  They  likewise  require  that  the  location  shall  be  so  dis- 
tinctly marked  on  the  ground  that  its  boundaries  may  be  read- 
ily traced.  This  is  a  very  important  matter,  and  locators  can- 
not exercise  too  much  care  in  defining  their  locations  at  the 
outset,  inasmuch  as  the  law  requires  that  all  records  of  mining 
locations  made  subsequent  to  May  10,  187a,  shall  contain  the 
name  or  names  of  the  locators,  the  date  of  the  location,  and 
such  a  description  of  the  claim  or  claims  located,  by  reference 
to  some  natural  object  or  permanent  monument,  as  will  iden- 
tify tbe  claim.    (Form  a   see  index.) 

WURN  LOCATION  CAN  BE  RECORDED.  13.  The 
statutes  provide  that  no  lode-claim  shall  be  recorded  until  after 
the  discovery  of  a  vein  or  lode  within  the  limits  of  the  claim 
located,  the  object  of  which  provision  is  evidently  to  prevent 
the  appropriation  of  presumed  mineral  ground  for  speculative 
purposes  to  the  exclusion  of  bona  fide  prospectors,  before  suf- 
ficient work  has  been  done  to  determine  whether  a  vein  or  lode 
really  exists. 

LOCATION  NOTICE.  14.  The  claimant  should,  therefore,, 
prior  to  locating  his  claim,  unless  the  vein  can  be  traced  upon 
the  surface,  sink  a  shaft,  or  run  a  tunnel  or  drift,  to  a  sufficient 
depth  therein  to  discover  and  develop  a  mineral  bearing  vein, 
lode,  or  crevice;  should  determine,  if  possible,  the  general 
course  of  such  vein  in  either  direction  from  the  point  of  dis- 
covery, by  which  direction  he  will  be  governed  in  marking  the 
boundaries  of  his  claim  on  the  surface.  His  location  notice 
should  give  the  course  and  distance  as  nearly  as  practicable 
from  the  discovery  shaft  on  the  claim,  to  some  permanent,  well 
known  points  or  objects,  such,  for  instance,  as  stone  monu- 
ments, blazed  trees,  the  confluence  of  streams,  point  of  inter- 
section of  well  known  gulches,  ravines,  or  roads,  prominent 
buttes,  hills,  etc,  which  may  be  in  the  immediate  vicinity,  and 


ALASKA. 


::!' 


which  will  serve  to  perpetuate  and  fix  the  locus  of  the  claim 
and  render  it  susceptible  of  identification  from  the  description 
thereof  given  in  the  record  of  locations  in  the  district,  and 
should  be  duly  recorded.    (Form  3,  see  index.) 

WHAT  NOTICE  MUST  SHOW.  15.  In  addition  to  the 
foregoing  data,  the  claimant  should  state  the  names  of  adjoin- 
ing claims,  or,  if  none  adjoin,  the  relative  positions  of  the 
nearest  claim?;  should  drive  a  post  or  erect  a  monument  of 
•tones  at  each  comer  of  his  surface  ground,  and  at  the  point 
of  discovery  or  discovery  shaft  should  fix  a  post,  stake,  or 
board,  upon  whi<:h  should  be  designated  the  name  of  the  lode, 
the  name  or  naries  of  the  locators,  the  number  of  feet  claimed, 
and  in  which  jirection  from  the  point  of  discovery;  it  being 
essential  Vhm  the  location  notice  filed  for  record,  in  addition  to 
the  foregoing  description,  should  state  whether  the  entire  claim 
of  fifteen  hundred  feet  is  taken  on  one  side  of  the  point  of  dis- 
covery, or  whether  r  it  is  partly  upon  one  and  partly  upon  the 
other  side  thereof,  and  in  the  latter  case,  how  many  feet  are 
claimed  upon  each  side  of  such  discovery  point. 

WHEN  NOTICE  IS  TO  BE  FILED.  16.  Within  a  reason- 
able time,  say  twenty  days  after  the  location  shall  have  been 
marked  on  the  ground,  or  such  time  as  is  allowed  by  the  local 
laws,  notice  thereof,  accurately  describing  the  claim  in  man- 
ner aforesaid,  shottld  be  filed  for  record  with  the  proper  re- 
recorder  of  the  district,  who  will  thereupon  issue  the  usual 
certificate  of  location. 

AMOUNT  TO  BE  EXPENDED  TO  HOLD  CLAIM.  17. 
In  order  to  hold  the  possessory  right  to  a  location  made  since 
May  10,  1873,  not  less  than  one  hundred  dollars'  worth  of 
labor  must  be  performed,  or  improvements  made  thereon  annu- 
ally until  entry  shall  have  been  made.  Under  the  provisions  of 
the  act  of  Congress  approved  January  22,  1880,  the  first  annual 
expenditure  becomes  due  and  must  be  performed  during  the 
calendar  year  succeeding  that  in  which  the  location  was  made. 
Expenditure  made  or  labor  performed  prior  to  the  first  day  of 
January  succeeding  the  date  of  location  will  not  be  considered 
as  a  part  of,  or  applied  upon  the  first  annual  expenditure  re- 
quired by  law.  Failure  to  make  the  expenditure  or  perform  the 
labor  required  will  subject  the  claim  to  relocation  by  any  other 
party  having  the  necessary  qualifications,  unless  the  original 
locator,  his  heirs,  assigns,  or  legal  representatives  have  resumed 


UNITED  STATES  MINING  REGULATIONS. 


S3 


work  thereon  after    such    failure    and    before    tuch    relocation. 
(Form  4,  see  index.) 

HOW  WORK  MAY  BE  DONE.  18.  The  expenditurea  re- 
quired upon  mining  claims  may  be  made  from  the  surface  or  in 
running  a  tunnel  for  the  development  of  such  claims,  the  act 
of  February  xi,  1875,  providing  that  where  a  person  or  com- 
pany has.  or  may,  run  a  tunnel  for  the  purpose  of  developing 
a  lode  or  lodes  owned  by  said  person  or  company,  the  money 
so  expended  in  said  tunnel  shall  be  taken  and  considered  aa 
expended  on  said  lode  or  lodes,  and  such  person  or  company 
shall  not  be  required  to  perform  work  on  the  surface  of  said 
lode  or  lodes  in  order  to  hold  the  same. 

MAY  INVALIDATE  CLAIM.  19.  The  importance  of  at- 
tending to  these  details  in  the  matter  of  location,  labor,  and 
expenditure  will  be  the  more  readily  perceived  when  it  is  un- 
'lerstood  that  a  failure  to  give  the  subject  proper  attention  may 
invalidate  the  claim. 


TUNNEL  RIGHTS. 


(Form  7,  see  index.) 

RIGHT  OF  POSSESSION,  ao.  Section  2323  provides  that 
where  a  tunnel  is  run  for  the  development  of  a  vein  or  lode, 
or  for  the  discovery  of  mines,  the  owners  of  such  tunnel  shall 
have  the  right  of  possession  of  all  veins  or  lodes  within  three 
thousand  feet  from  the  face  of  such  tunnel  on  the  line  thereof, 
not  previously  known  to  exist,  discovered  in  such  tunnel,  to 
the  same  extent  as  if  discovered  from  the  surface;  and  loca- 
tions on  the  line  of  such  tunnel  of  veins  or  lodes  not  appear- 
ing on  the  surface,  made  by  other  parties  after  the  commence- 
ment of  the  tunnel,  and  while  the  same  is  being  prosecuted 
with  reasonable  diligence,  shall  be  invalid;  but  failure  to  pros- 
ecute the  work  on  the  tunnel  for  six  months  shall  be  considered 
as  an  abandonment  of  the  right  to  all  undiscovered  veins  or 
lodes  on  the  line  of  said  tunnel. 

EFFECT  OF.  ai.  The  effect  of  this  is  simply  to  give  the 
proprietors  of  a  mining  tuniici  run  in  good  faith  the  possessory 


f 


IP 


'1:3, 


84 


ALASKA. 


nght  to  fifteen  hundred  feet  of  any  blind  lodes  cut,  discovered, 
or  intersected  by  such  tunnel,  which  were  not  previously 
known  to  exist,  within  three  thousand  feet  from  the  face  or 
point  of  commer.cement  of  such  tunnel,  ard  to  prohibit  other 
parties,  after  the  commencement  of  the  tunnel,  from  prospect- 
ing for  and  making  locations  of  lodes  on  the  Une  thereof  and 
within  said  distance  of  three  thouiiand  feet,  unless  such  lodes 
appear  upon  the  surface  or  were  previous!/  known  to  exist. 

"FACE."  22.  The  term  "face,"  aa  used  in  said  section,  is 
construed  and  held  to  mean  thf  first  working-face  formed  in 
the  tunnel,  and  to  signify  the  point  at  which  the  tunnel  actually 
«nters  cover;  it  being  from  this  point  that  the  three  thousand 
feet  are  to  be  counted,  upon  which  prospecting  is  prohibited 
■as  aforesaid. 

HOW  TO  ACQUIRE  BENEFIT  OF  LAW.  33.  To  avail 
themselves  of  the  benefits  of  this  provision  of  law,  the  pro- 
prietors of  a  mining  tunnel  will  be  required,  at  the  time  they 
«nter  cover  as  aforesaid,  to  give  proper  notice  of  their  tunnel 
location  by  erecting  a  substantial  post,  board,  or  monument  at 
the  face  or  point  of  commencement  thereof,  upon  which  should 
be  posted  a  good  and  sufficient  notice,  giving  the  nan><?s  of  the 
parties  or  company  claiming  the  tunnel-right;  the  actual  or  pro- 
posed course  or  direction  of  the  tunnel;  the  height  and  width 
thereof,  and  the  course  and  distance  from  such  face  or  point  of 
commenwcment  to  some  permanent  well-known  objects  in  the 
vicinity  by  which  to  fix  and  determine  the  locus  in  manner 
heretofore  set  forth  applicable  to  locations  of  veins  or  lodes,  and 
at  th'!  time  of  posting  such  notice  they  shall,  in  order  that  min- 
ers or  prospectors  may  be  ^itabled  to  determine  whether  or  not 
they  are  within  the  lints  of  the  tunnel,  establish  the  boundary 
lines  thereof,  by  stakes  or  monuments  placed  along  such  lines 
at  proper  intervals,  to  the  terminus  of  the  three  thousand  feet 
from  the  face  or  point  of  commencement  of  the  tunnel,  and  the 
lines  90  marked  will  define  and  govern  as  to  the  specific  bound- 
aries within  which  prospecting  foi  lodes  not  previously  known 
to  exist  is  prohibited  while  work  on  the  tunnel  is  being  prose- 
cuted with  reasonable  diligence. 

NOTICE  OF  LOCATION  TO  BE  RECORDED.  24.  At 
the  tirae  of  posting  notice  and  marking  out  the  lines  of  the 
tunnel  as  aforesaid,  a  full  and  correct  copy  of  such  notice  of 


UNITED  STATES   MINING  REGULATIONS. 


55 


location  defining  the  tunnel  claim  must  be  filed  for  record  with 
the  mining  recorder  ot  the  district,  to  which  notice  must  be 
attached  the  sworn  statement  or  declaration  of  the  owners, 
claimants,  or  projectors  of  such  tunnel,  setting  forth  the  facts 
in  the  case;  stating  the  amount  expended  by  themselves  and 
their  predecessors  in  interest  in  prosecuting  work  thereon;  the 
extent  of  the  work  performed,  and  that  it  is  bona  fide,  their  in- 
tention to  prosecute  work  on  the  tunnel  so  located  and  de- 
^-'ribed  with  reasonable  diligence  for  the  development  of  a  vein 
or  lode,  or  for  the  discovery  of  mines,  or  both,  as  the  case  may 
be.  This  notice  of  location  must  be  duly  recorded,  and  with 
the  said  sworn  statement  attached,  kept  on  the  recorder's  files 
for  future  reference. 

35.  By  a  compliance  with  the  foregoing  much  needless  diffi* 
eulty  will  be  avoided,  and  the  way  for  the  adjustment  of  legal 
rights  acquired  in  virtue  of  said  section  2323  will  be  made  much 
more  easy  and  certain. 

FORFEITURE.  26.  Thi^  office  will  take  particular  care 
that  no  improper  advantage  is  taken  of  this  provision  of  law 
by  parties  making  or  professing  to  make  tunnel  locations,  osten* 
sibly  for  the  purpose  named  in  the  statute,  but  really  for  the 
purpose  of  monopolizing  the  lands  lying  in  front  of  their  tun* 
nels  to  the  detriment  of  the  mining  interests  and  to  the  exclu* 
sion  of  bona  fide  prospectors  or  miners,  but  will  hold  such  tun- 
nel  claiinants  to  a  strict  compliance  with  the  terms  of  the 
statutes;  and  a  reasonable  diligence  on  their  part  in  prosecuting 
the  work  is  one  of  the  essential  conditions  of  their  implied  con- 
tract. Negligence  or  want  of  due  diligence  will  be  construed 
as  working  a  forfeiture  of  their  rig!it  to  all  undiscovered  veins 
on  the  line  of  such  tunnel. 


MANNER    OF    PROCEEDING    TO    OBTAIN    GOVERN- 
MENT TITLE  TO  VEIN  OR  LODE  CLAIMS 

27.  By  section  2325  authority  is  given  for  granting  titles  for 
mines  by  patent  from  the  Government  to  any  person,  associa- 
tion or  corporation  having  the  necessary  qualifications  as  to 
citizenship  and  holding  the  right  o!  possession  to  a  claim  in 
compHance  with  law. 


S  ■'• 


«6 


ALASKA. 


'if 


i  'I 


I 


lli 


SURVEY,  MANNER  OF  SECURING.  28.  The  claimant 
is  required  in  the  first  place  to  have  a  correct  survey  of  hi» 
claim  made  under  authority  of  the  surveyor-general  of  the  State 
or  Territory  in  which  the  claim  lies;  such  survey  to  show  with 
accuracy  the  exterior  surface  boundaries  of  the  claim,  which 
boundaries  are  required  to  be  distinctly  marked  by  monuments 
on  the  ground.  Four  plats  and  one  copy  of  the  original  field- 
notes,  in  each  case,  will  be  prepared  by  the  surveyor>general ; 
one  plat  and  the  original  field-notes  to  be  retained  in  the  office 
of  the  surveyor-general,  one  copy  of  the  plat  to  be  given  the 
claimant  for  posting  upon  the  claim,  one  plat  and  a  copy  of 
the  field-notes  to  be  given  the  claimant  for  filing  with  the 
proper  register,  to  be  finally  transmitted  by  that  officer,  with 
other  papers  in  the  case,  to  this  office,  and  one  plat  to  be  sent 
by  the  surveyor-general  to  the  register  of  the  proper  land  dis- 
trict to  be  retained  on  his  files  for  future  reference.  As  there 
is  no  resident  surveyor-general  for  the  State  of  Arkansas,  appli- 
cations for  the  survey  of  mineral  claims  in  said  State  should  be 
made  to  the  Commissioner  of  this  office,  who,  under  the  law» 
is  ex  officio  the  U.  S.  surveyor-general, 

PLAT  OF  SURVEY  TO  BE  POSTED.  29.  The  claimant 
is  then  required  to  post  a  copy  of  the  plat  of  such  survey  in  a 
conspicuous  place  upon  the  claim,  together  with  notice  of  his 
intention  to  apply  for  a  patent  therefor,  which  notice  will  give 
the  date  of  posting,  the  name  of  the  claimant,  the  name  of  the 
claim,  mine  or  lode;  the  mi  .ng  district  and  county;  whether 
the  location  is  of  record,  ana,  1.'  so,  where  the  record  may  be 
found;  the  number  of  feet  claimed  along  the  vein  and  the  pre- 
sumed direction  thereof;  the  number  of  feet  claimed  on  the 
lode  in  each  direction  from  the  point  of  discovery,  or  other 
well  defined  place  on  the  claim;  the  name  or  names  of  adjoin- 
ing claimants  on  the  same  or  other  lodes;  or,  if  none  adjoin» 
the  names  of  the  nearest  claims,  etc. 

COPY  TO  BE  FILED.  30.  After  posting  the  said  plat 
and  notice  upon  the  premises,  the  claimant  will  file  with  the 
proper  register  and  receiver  a  copy  of  such  plat  and  the  field- 
notes  of  survey  of  the  claim,  accompanied  by  the  affidavit  of 
at  leas^  two  credible  witnesses,  that  such  plat  and  notice  are 
posted  conspicuously  upon  the  claim,  giving  the  date  and  place 
of  such  posting;  a  copy  of  the  notice  so  posted  to  be  attached 
to,  and  form  a  part  of,  said  affidavit. 


UNITED   STATES  MINING  REGULATIONS. 


57 


OATH  OF  CLAIMANT.  31.  Accompanying  the  field-notes 
so  filed  must  be  the  sworn  statement  of  the  claimant  that  he 
has  the  possessory  right  to  the  premises  therein  described,  in 
virtue  of  a  compliance  by  himself  (and  by  his  grantors,  if  he 
claims  by  purchase)  with  the  mining  rules,  regulations,  and 
customs  of  the  mining  district,  State,  or  Territory  in  which  the 
claim  lies*  and  with  the  mining  laws  of  Congress;  such  sworn 
statement  to  narrate  briefly,  but  as  clearly  as  possible,  the  facta 
constituting  such  compliance,  the  origin  of  his  possession,  and 
the  basis  of  his  claim  to  a  patent. 

EVIDENCE  REQUIRED.  32.  This  affidavit  should  be  sup- 
ported by  appropriate  evidence  from  the  mining  recorder's  of- 
fice as  to  his  possessory  right,  as  follows,  viz. :  Where  he  claims 
to  be  the  locator,  or  a  locator  in  company  with  others  who  have 
since  conveyed  their  interest  in  the  location  to  him,  a  full,  true» 
and  correct  copy  of  such  location  should  be  furnished,  as  the 
same  appears  upon  the  mining  records;  such  copy  to  be  at- 
tested by  the  seal  of  the  recorder,  or  if  he  has  no  seal,  then  he 
should  make  oath  to  the  same  being  correct,  as  shown  by  his 
records.  Where  the  applicant  claims  only  as  a  purchaser  for 
valuable  consideration,  a  copy  of  the  location  record  must  be 
filed  under  seal  or  upon  oath  as  aforesaid,  with  an  abstract  of 
title  from  the  proper  recorder,  under  seal  or  oath  as  aforesaid, 
brought  down  as  near  as  practicable  to  date  of  filincr  the  appli- 
cation, tracing  the  right  of  possession  by  a  contii  is  chain  of 
conveyances  from  the  original  locators  to  the  applicant,  also 
certifying  that  no  conveyances  affecting  the  title  to  the  r1  im 
in  question  appear  of  record  in  his  office  other  than  those  set. 
forth  in  the  accompanying  abstract. 

DESTROYED  RECORDS.  33.  In  the  event  of  the  mining 
records  in  any  case  having  been  destroyed  by  fire  or  otherwise 
lost,  affidavit  of  the  fact  should  be  made,  and  secondary  evi- 
dence of  possessory  title  will  be  received,  which  may  consist 
of  the  affidavit  of  the  claimant,  supported  by  those  of  any  other 
parties  cognizant  of  the  facts  relative  to  his  location,  occupancy, 
possession,  improvements,  etc.;  and  in  such  case  of  lost  records, 
any  deeds,  certificates  of  location  or  purchase,  or  other  evi- 
dence which  may  be  in  the  claimant's  posssession  and  tend 
to  establish  his  claim,  should  be  filed. 

NOTICE  TO  BE  PUBLISHED.  34.  Upon  the  receipt  of 
these  papers  the  register  will,  at  the  expense  of  the  claimant 


f 


9S 


ALASKA. 


<who  must  furnish  the  agreement  of  the  publisher  to  hold  appli* 
cant  for  patent  alone  responsible  for  charges  of  publication), 
publish  a  notice  of  such  application  for  the  period  of  sixty  days 
in  a  newspaper  published  nearest  to  the  claim,  and  will  post  a 
copy  of  such  notice  In  his  office  for  the  same  period.  When  the 
notice  is  published  in  a  weekly  newspaper  ten  consecutive  inser- 
tions  are  necessary;  when  in  a  daily  newspaper  the  notice  must 
appear  in  each  issue  for  sixty-one  consecutive  issues,  the  first 
day  of  issue  being  excluded  in  estimating  the  period  of  sixty 
days. 

35.  The  notices  so  published  and  posted  must  be  as  full  and 
complete  as  possible,  and  embrace  all  the  data  given  in  the 
notice  posted  upon  the  claim. 

36.  Too  much  care  can  not  be  exercised  in  the  preparation 
•of  these  notices,  inasmuch  as  upon  their  accuracy  and  com- 
pleteness will  depend,  in  a  great  measure,  the  regularity  and 
validity  of  the  whole  proceeding. 

WHEN  PUBLISHED.  37.  In  the  publication  of  final-proof 
notices  the  register  has  no  discretion  under  the  law  to  designate 
any  other  than  the  newspaper  "nearest  the  land"  for  such  pur- 
pose when  such  paper  is  a  newspaper  of  general  circulation. 
But  he  will  in  all  cases  designate  the  newspaper  of  general  cir- 
culation that  is  published  nearest  the  land,  geographically  meas- 
ured. When  two  or  more  such  newspapers  are  published  in  the 
same  town,  nearest  the  land,  he  may  select  the  one  which,  in 
his  honest  and  impartial  judgment  as  a  public  officer,  will  best 
subserve  the  purpose  of  the  law  and  the  general  interests  of 
the  public. 

38.  Newspaper  charges  .must  not  exceed  the  rates  established 
by  the  ofiice  for  the  publication  of  legal  notices. 

CERTIFICATE  OF  EXPENDITURE.  39.  The  claimant, 
either  at  the  time  of  filing  these  papers  with  the  register  or  at 
any  time  during  the  sixty  days'  publication,  is  required  to  file 
a  certificate  of  the  surveyor-general  that  not  less  than  five  hun- 
dred dollars'  worth  of  labor  has  been  expended  or  improvements 
made  upon  the  claim  by  the  applicant  or  his  grantors;  that  the 
plat  filed  by  the  claimant  is  correct;  that  the  field-notes  of  the 
survey,  as  filed,  furnish  such  an  accurate  description  of  the 
claim  as  will,  if  incorporated  into  a  patent,  serve  to  fully 
identify  the  premises,  and  that  such  reference  is  made  *^herein 
to  natural  objects  or  permanent  monuments  as  will  perpetuate 
and  fix  the  locus  thereof. 


UNITED  STATES  MINING  REGULATIONS. 


59 


40.  It  will  be  the  more  convenient  way  to  have  this  certifi- 
cate indorsed  by  the  surveyor-general,  both  upon  the  plat  and 
field-notes  of  survey  filed  by  the  claimant  as  aforesaid. 

AFFIDAVIT.  41.  After  the  sixty  days'  period  of  news- 
paper publication  has  expired  the  claimant  will  furnish  from  the 
office  of  publication  a  sworn  statement  that  the  notice  was  pub- 
lished for  the  statutory  period,  giving  the  first  and  last  day  of 
such  publication,  and  his  own  affidavit  showing  that  the  plat 
and  notice  aforesaid  remained  conspicuously  posted  upon  the 
claim  sought  to  be  patented  during  said  sixty  days'  publication, 
giving  the  dates. 

PAYMENT.  43.  Upon  the  filing  of  this  affidavit  the  regis- 
ter will,  if  no  adverse  claim  was  filed  in  his  office  during  the 
period  of  publication,  permit  the  claimant  to  pay  for  the  land 
according  to  the  area  given  in  the  plat  and  field-notes  of  survey 
aforesaid,  at  the  rate  of  five  dollars  for  each  acre  and  five  dol- 
lars for  each  fractional  part  of  an  acre,  the  receiver  issuing  the 
usual  duplicate  receipt  therefor.  The  claimant  will  also  make 
a  sworn  statement  of  all  charges  and  fees  paid  by  him  for  pub- 
lication and  surveys,  together  with  all  fees  and  money  paid  the 
register  and  receiver  of  the  land  office;  after  which  the  whole 
matter  will  be  forwarded  to  the  Commissioner  of  the  General 
Land  Office  and  a  patent  issued  thereon  if  found  regular. 

CERTIFICATION.  43.  In  sending  up  the  papers  in  the 
case  the  register  must  not  omit  certifying  to  the  fact  that  the 
notice  was  posted  in  his  office  for  the  full  period  of  sixty  days, 
such  certificate  to  state  distinctly  when  such  posting  was  done 
and  how  long  continued. 

44.  The  consecutive  series  of  numbers  of  mineral  entries 
must  be  continued,  whether  the  same  are  of  lode  or  placer 
claims  or  mill  sites. 

SURVEYED  MINERAL  CLAIMS  MUST  BE  NUM- 
BERED,  ETC.  4.";.  The  surveyor-general  should  designate 
all  surveyed  mineral  claims  by  a  progressive  series  of  numbers, 
beginning  with  survey  No.  z7t  irrespective  as  to  whether  they 
are  situated  on  surveyed  or  unsurveyed  lands,  the  claim  to  be 
so  designated  at  date  of  issuing  the  order  therefor,  in  addition 
to  the  local  designation  of  the  claim;  it  being  required  in  all 
cases  that  the  plat  and  field-notes  of  the  survey  of  a  claim  must, 
in  addition  to  the  reference  to  permanent  objects  in  the  neigh* 


€o 


ALASKA. 


borhood,  describe  the  locus  of  the  claim,  with  reference  to  the 
lines  of  public  surveys  by  a  line  connecting  a  corner  of  the 
claim  with  the  nearest  public  comer  of  the  United  States  sur* 
veys,  unless  such  claim  be  on  unsurveyed  lands  at  a  distance 
of  more  than  two  miles  from  such  public  corner,  in  which  latter 
case  it  should  be  connected  with  a  United  States  mineral  mon- 
ument. Such  connecting  line  must  not  be  more  than  two  miles 
in  length  and  should  be  measured  on  the  ground  direct  between 
the  points,  or  calculated  from  actually  surveyed  traverse  lines 
if  the  nature  of  the  country  should  not  permit  direct  measure- 
ment.  If  a  regularly  established  survey  corner  is  within  two 
miles  of  a  claim  situated  on  unsurveyed  lands,  the  connection 
should  be  made  with  such  corner  in  preference  to  a  connection 
with  a  United  States  mineral  monument.  The  connecting  line 
must  be  surveyed  by  the  deputy  mineral  surveyor  at  the  time 
of  his  making  the  particular  survey,  and  be  made  a  part 
thereof. 

PREPARE  DIAGRAM  TRACING,  ETC.  46.  Upon  the 
approval  of  the  survey  of  a  mining  claim  made  upon  surveyed 
lands,  the  surveyor-general  will  prepare  and  transmit  to  the 
local  land  office  and  to  this  office  a  diagram  tracing  showing 
the  portions  of  legal  40-acre  subdivisions  made  fractional  by 
reason  of  the  mineral  survey,  designating  each  of  such  portions 
by  the  proper  lot  number,  beginning  with  No.  i  in  each  section 
and  giving  the  area  of  each  lot. 

SURVEY  MUST  BE  MADE,  WHEN.  47.  The  survey 
and  plat  of  mineral  claims,  required  by  section  2325,  Revised 
Statutes  of  the  United  States,  to  be  filed  in  the  proper  land 
office,  with  application  for  patent,  must  be  made  subsequent  to 
the  recording  of  the  location  of  the  mine;  and  when  the  orig- 
inal location  is  made  by  survey  of  a  United  States  deputy  sur- 
veyor such  location  survey  can  not  be  substituted  for  that 
required  by  the  statute,  as  above  indicated. 

INFORMATION,  HOW  OBTAINED.  48.  The  surveyor- 
general  should  derive  his  information  upon  which  to  base  his 
certificate  as  to  the  value  of  labor  expended  or  improvements 
made  from  his  deputy  who  makes  the  actual  survey  and  ex- 
amination upon  the  premises,  and  such  deputy  should  specify 
with  particularity  and  fyll  detail  the  character  and  extent  of 
such  improvements. 


UNITED  STATES   MINING   REGULATIONS.  6i 

PARTICULARS  TO  BE  OBSERVED  IN  SURVEY.  49. 
The  following  particulars  should  be  observed  in  the  survey  of 
every  mining  claim: 

(i.)  The  exterior  boundaries  of  the  claim  should  be  repre- 
sented on  the  plat  of  survey  and  in  the  field-notes. 

Ca.)  The  intersection  of  the  lines  of  the  survey  with  the 
lines  of  conflicting  prior  surveys  should  be  noted  in  the  field- 
notes  and  represented  upon  the  plat. 

(3.)  Conflicts  with  unsurveyed  claims,  where  the  applicant 
for  survey  does  not  claim  the  area  in  conflict,  should  be  shown 
by  actual  survey. 

(4.)  The  total  area  of  the  claim  embraced  by  the  exterior 
boundaries  should  be  stated,  and  also  the  area  in  conflict  with 
each  intersecting  survey,  substantially  as  follows: 

Acres. 

Total  area  of  claim 10.50 

Area  in  conflict  with  survey  No.  30a 1.56 

Area  in  conflict  with  survey  No.  948 a.33 

Area  in  conflict  with  •  Mountain  Maid  lode  mining  claim 

unsurveyed 1.48 

It  does  not  follow  that  because  mining  surveys  are  required 
to  exhibit  all  conflicts  with  prior  surveys  the  areas  of  conflict 
are  to  be  excluded.  The  field-notes  and  plat  are  made  a  part 
of  the  application  for  patent,  and  care  should  be  taken  that  the 
description  does  not  inadvertently  exclude  portions  intended  to 
be  retained.  It  is  better  that  the  application  for  patent  should 
state  the  portions  to  be  excluded  in  express  terms.  A  survey 
executed  as  in  the  example  given  will  enable  the  applicant  for 
patent  to  exclude  such  conflicts  as  may  seem  desirable.  For 
instance,  the  conflict  with  survey  No.  302  and  with  the  Moun- 
tain Maid  lode  claim  might  be  excluded  and  that  with  survey 
No.  948  included. 

RIGHTS  RESTRICTED  TO  PUBLIC  DOMAIN.  50.  The 
rights  granted  to  locators  under  section  2322,  Revised  Statutes, 
are  restricted  to  such  locations  on  veins,  lodes,  or  ledges  as 
may  be  "situated  on  the  public  domain."  In  applications  for 
lode  claims  where  the  survey  conflicts  with  a  prior  valid  lode 
claim  or  entry  and  the  ground  in  conflict  is  excluded,  the 
applicant  not  only  has  no  right  to  the  excluded  ground,  but  he 
has  no  right  to  that  portion  of  any  vein  or  lode  the  top  or  apex 


te  ALASKA. 

of  which  lies  within  such  excluded  ground,  unless  his  location 
was  prior  to  May  lo,  iSya.  His  right  to  the  lode  claimed  ter- 
minates where  the  lode,  in  its  onward  course  or  strike,  inter* 
sects  the  exterior  boundary  of  such  excluded  ground  and  passes 
within  it. 

51.  The  end  line  of  his  survey  should  not,  therefore,  be  es- 
tablished beyond  such  intersection,  unless  it  should  be  neces- 
sary so  to  do  for  the  purpose  of  including  ground  held  and 
claimed  under  a  location  which  was  made  upon  public  land  and 
valid  at  the  time  it  was  made.  To  include  such  ground  (which 
may  possibly  embrace  other  lodes),  the  end  line  of  the  survey 
may  be  established  within  the  conflicting  survey,  but  the  line 
must  be  so  run  as  not  to  extend  any  farther  into  the  conflicting 
survey  than  may  be  necessary  to  make  such  end  line  parallel 
to  the  other  end  line  and  at  the  same  time  embrace  the  ground 
so  held  and  claimed.  The  useless  practice  in  such  ca«es  of  ex- 
tending both  the  side  lines  of  a  survey  into  the  conflicting 
survey  and  establishing  an  end  line  wholly  within  it,  beyond  a 
point  necessary  under  the  rule  just  stated,  will  be  discontinued. 

PLACER  CLAIMS. 

5a.  The  proceedings  to  obtain  patents  for  claims  usually 
called  placers,  including  all  forms  of  deposit,  exceptini?  veins 
of  quartz  or  other  rock  in  place,  are  similar  to  the  proceeding's 
prescribed  for  obtaining  patents  for  vein  or  lode  claims;  but 
where  said  placer  claim  shall  be  upon  surveyed  lands,  and  con- 
forms to  legal  subdivisions,  no  further  survey  or  plat  will  be 
required,  and  all  placer  mining  claims  located  after  May  10, 
187a,  shall  conform  as  nearly  as  pricticable  with  the  United 
States  system  of  public  land  surveys  and  the  rectangular  sub- 
divisions of  such  surveys,  and  no  such  locations  shall  include 
more  than  twenty  acres  for  each  individual  claimant;  but  where 
placer  claims  can  not  be  conformed  to  legal  subdivisions,  sur- 
vey and  plat  shall  be  made  as  on  unsurveyed  lands.  But  where 
such  claims  are  located  previous  to  the  public  surveys,  and  do 
not  conform  to  legal  subdivisions,  survey,  plat,  and  entry  there- 
of may  be  made  according  to  the  boundaries  thereof,  provided 
the  location  is  in  all  respects  legal. 

53.  The  proceedings  for  obtaining  patents  for  veins  or  lodes 
having  already  been  fully  given,  it  will  not  be  necessary  to  re- 
peat them  here,  it  being  thought  that  careful  attention  thereto 


PLAC£»   CLAIMS. 


by  applicanta  and  the  local  officers  will  enable  them  to  act 
understandingly  in  the  matter  and  make  such  slight  modifica- 
tions in  the  notice,  or  otherwise,  as  may  be  necessary  in  view 
of  the  different  nature  of  the  two  classes  of  claims,  placer  claims^ 
Veing  fixed,  however,  at  two  dollars  and  fifty  cents  per  acre,  or 
fractional  part  of  an  acre. 

54.  By  section  2330,  authority  is  given  for  the  subdivision  of 
forty-acre  legal  subdivisions  into  ten-acre  lots,  which  is  intended 
for  the  greater  convenience  of  miners  in  segregating  their 
claims  both  from  one  another  and  from  intervening  agriculturat 
lands. 

LEGAL  SUBDIVISIONS.  55-  It  is  held,  therefore,  that 
under  a  proper  construction  of  the  law  these  ten-acre  lots  \n 
mining  districts  should  be  considered  and  dealt  with,  to  all  in* 
tents  and  purposes,  as  legal  subdivisions,  and  that  an  applicant 
having  a  legal  claim  which  conforms  to  one  or  more  of  these 
ten-acre  lots,  either  adjoining  or  cornering,  may  make  entry 
thereof,  after  the  usual  proceedings,  without  further  survey  or 
plat. 

SPECIFIC  AND  ACCURATE  DESCRIPTION.  56.  In 
cases  of  this  kind,  hoM'ever,  the  notice  given  of  the  application 
must  be  very  specific  and  accurate  in  description,  and  as  the 
forty-acre  tracts  may  be  subdivided  into  ten-acre  lots,  either  in 
the  form  of  squares  of  ten  by  ten  chains,  or  of  parallelograms 
five  by  twenty  chains,  so  long  as  the  lines  are  parallel  and  at 
right  angles  with  the  lines  of  the  public  surveys,  it  will  be  nec- 
essary that  the  notice  and  application  state  specifically  what 
ten-acre  lots  are  sought  to  be  patented,  in  addition  to  the  other 
data  required  in  the  notice. 

57.  Where  the  ten-acre  subdivision  is  in  the  form  of  a  square  it 
may  be  described,  for  instance,  as  the  "SE.  H  of  the  SW.  ^  of  NW. 
]{,"  or,  if  in  the  form  of  a  parallelogram  as  aforesaid,  it  may  be 
described  as  the  "W.  %  of  the  W.  J4  of  the  SW.  K  of  the  NW^  ^ 

(or  the  N.  J^.of  the  S.  J^  of  NE.  »/  of  the  SE.  %)  of  section , 

township ,  range ,"  as  the  case  may  be;  but.  in  addition  to 

this  description  of  the  land,  the  notice  must  give  all  the  other  data 
that  is  requi''ed  in  a  mineral  application,  by  which  parties  may  be 
put  on  inquiry  as  to  the  premises  sought  to  be  patented.  The  proofs 
submitted  with  applications  for  claims  of  th*s  kind  must  show  clearly 
the  character  and  the  extent  of  the  improvements  upon  the  premises. 

Inasmuch  as  the  surveyor-general  has  no  duty  to  perform  int 


C4  ALASKA. 

connection  with  the  entry  of  a  placer  claim  of  legal  subdivi- 
•ions,  the  proof  of  improvements  must  show  their  value  to  be 
not  less  than  five  hundred  dollars  and  that  they  were  made  by 
the  applicant  for  patent  or  his  grantors.  Tne  annual  expendl* 
ture  to  the  amount  of  $ioo,  required  by  section  2324,  Revised 
Statutes,  must  be  made  upon  placer  claims  as  well  as  lode 
claims. 

PLACERS  THAT  INCLUDE  VEIN  OR  LODE.  58.  Ap- 
plicants for  patent  to  a  placer  claim,  who  are  also  in  possession 
of  a  known  vein  or  lode  included  therein,  must  state  in  their 
application  that  the  placer  includes  such  vein  or  lode.  The 
published  and  posted  notices  must  also  include  such  statement. 
li  veins  or  lodes  lying  within  a  placer  location  are  owned  by 
other  parties,  the  fact  should  be  distinctly  stated  in  the  appli- 
cs.tion  for  patent,  and  in  all  the  notices.  But  in  all  cases, 
wliether  the  lode  is  claimed  or  excluded,  it  must  be  surveyed 
and  marked  upon  the  plat;  the  field  notes  and  plat  giving  the 
fxrea  of  the  lode  claim  or  claims  and  the  area  of  the  placer  sep- 
arately. It  should  be  remembered  that  an  application  which 
omits  to  include  an  application  for  a  known  vein  or  lode  therein 
must  be  construed  as  a  conclusive  declaration  that  the  applicant 
has  no  right  of  possession  to  the  vein  or  lode.  Where  there  is 
no  known  lode  or  vein  the  fact  must  appear  by  the  affidavit  of 
two  or  more  witnesses. 

59.  By  section  2330,  it  is  declared  that  no  location  of  a 
placer  claim,  made  after  July  9,  1870,  shall  exceed  one  hun- 
dred and  sixty  acres  for  any  one  person  or  association  of  per- 
sons, which  location  shall  conform  to  the  United  States  surveys. 

EXTENT.  60.  Section  2331  provides  that  all  placer  mining 
claims  located  after  May  10,  1872,  shall  conform  as  nearly  as 
practicable  with  the  United  States  systems  of  public  surveys 
and  the  subdivisions  of  such  surveys,  and  no  such  locations 
shall  include  more  than  twenty  acres  for  each  individual  claim- 
ant. 

LAW  CONSTRUED.  6i.  The  foregoing  provisions  of 
law  are  construed  to  mean  that  after  the  9th  day  of  July,  1870, 
no  location  of  a  placer  claim  can  be  made  to  exceed  one  hun- 
dred and  sixty  acres,  whatever  may  be  the  number  of  locators 
associated  together,  or  whatever  the  local  regulations  of  the 
district  may  allow;  and  that  from  and  after  May  10,   1872,  no 


PLACER   CLAIMS. 


6$ 


location  made  by  an  individual  can  exceed  twenty  acres,  and 
no  location  made  by  an  association  of  individuals  can  exceed 
one  hundred  and  ^ixty  acres,  which  location  of  one  hundred 
and  sixty  acres  cannot  be  made  by  a  less  number  than  eight 
bona  Hde  locators,  and  no  local  laws  or  mining  regulations  can 
restrict  a  placer  location  to  less  than  twenty  acres,  although  the 
locator  is  not  compelled  to  take  so  much. 

62.  The  regulations  hereinbefore  given  as  to  the  manner  of 
marking  locations  on  the  ground,  and  placing  the  same  on  rec- 
ord, must  be  observed  in  the  case  of  placer  locations  so  far  as 
the  same  are  applicable,  the  law  requiring,  however,  that  where 
placer  claims  are  upon  surveyed  public  lands  the  locations  must 
hereafter  be  made  to  conform  to  legal  subdivisions  thereof  at 
near  as  practicable. 

APPLICATION  FOR  PATENT.  63.  The  first  care  in 
recognizing  an  application  for  patent  upon  a  placer  claim  must 
be  exercised  in  determining  the  exact  classification  of  the  lands. 
To  this  end  the  clearest  evidence  of  which  the  case  is  capable 
should  be  presented. 

(i)  If  the  claim  be  all  placer  ground,  that  fact  must  be  stated 
in  the  application  and  corroborated  by  accompanying  proof;  if 
of  mixed  placers  and  lodes,  it  should  be  so  set  out,  with  a  de* 
scription  of  all  known  lodes  situated  within  the  boundaries  of 
the  claim.  A  specific  declaration,  such  as  is  required  by  sec- 
tion 2333,  Revised  Statutes,  must  be  furnished  as  to  each  lode 
intended  to  be  claimed.  All  other  known  lodes  are,  by  the  si- 
lence of  the  applicant,  excluded  by  law  from  all  claim  by  him, 
of  whatsoever  nature,  possessory  or  otherwise. 

(2)  Section  2395,  Revised  Statutes  (subdivision  7),  requires 
the  surveyor  to  "note  in  his  field  books  the  true  situation  of  all 
mines,  salt  licks,  salt  springs  and  mill  seats  which  come  to 
his  knowledge;"  also  "all  water-courses  over  which  the  lines  he 
runs  may  pass,"  It  further  requires  him  to  "note  the  quality 
of  the  lands."  These  descriptive  notes  are  required  by  subdi* 
vision  8  to  be  incorporated  in  the  plat  by  the  surveyor-general. 

(3)  If  these  duties  have  been  performed,  the  public  surveys 
will  furnish  a  reasonable  guide  to  the  district  officers  and  to 
claimants  in  prosecuting  their  applications.  But  experience  has 
shown  that  great  neglect  has  resulted  from  inattention  to  the 
law  in  this  respect,  and  the  regular  plats  are  of  very  little  value 
in  the  matter.    It  will,  therefore,  be  required  in  the  future  that 


<6 


ALASKA. 


ii 


deputy*surveyon  shall,  at  the  expense  of  the  parties,  make  full 
examination  of  all  placer  claims  surveyed  by  them,  and  duly 
note  the  facts  as  specified  in  the  law,  stating  the  quality  and 
composition  of  the  soil,  the  kind  and  amount  of  timber  and 
other  vegetation,  the  locus  and  size  of  streams,  and  such  other 
matters  as  may  appear  upon  the  surface  of  the  claim.  This  ex- 
amination  should  include  the  character  and  extent  of  all  surface 
and  underground  workings,  whether  placer  or  lode,  for  mining 
purposes. 

(4)  In  addition  to  these  data,  which  the  law  requires  to  be 
shown  in  all  cases,  the  deputy  should  report  with  reference  to 
the  proximity  of  centers  of  trade  or  residence;  also  of  well 
known  systems  of  lode  deposit  or  of  individual  lodes.  He 
should  also  report  as  to  the  use  or  adaptability  of  the  claim 
for  placer  mining;  whether  water  has  been  brought  upon  it  in 
sufficient  quantity  to  mine  the  same,  or  whether  it  can  be  pro- 
cured  for  that  purpose;  and,  finally,  what  works  or  expend- 
itures have  been  made  by  the  claimant  or  his  grantors  for  the 
development  of  the  claim,  and  their  situation  and  location  with 
respect  to  the  same  as  applied  for. 

(5)  This  examination  should  be  reported  by  the  deputy  under 
oath  to  the  surveyor-general,  and  duly  corroborated;  and  a 
copy  of  the  same  should  be  furnished  with  the  application  for 
patent  to  the  claim,  constituting  a  part  thereof,  and  included 
in  the  oath  of  the  applicant. 

(6)  Applications  awaiting  entry,  whether  published  or  not, 
must  be  made  to  conform  to  these  regulations,  with  respect  to 
examination  as  to  the  character  of  the  land.  Entries  already 
made  will  be  suspended  for  such  additional  proofs  as  may  be 
deemed  necessary  in  each  case. 

MILL-SITES. 

64.  Section  2337  provides  that  "where  non-mineral  land  not 
contiguous  to  the  vein  or  lode  is  used  or  occupied  by  the  pro- 
prietor of  such  vein  or  lode  for  mining  or  milling  purposes, 
such  nonadjacent  surface  ground  may  be  embraced  and  in- 
cluded in  an  application  for  a  patent  for  such  vein  or  lode,  and 
the  same  may  be  patented  therewith,  subject  to  the  same  pre- 
liminary requirements  as  to  survey  and  notice  as  are  applicable 
to  veins  or  lodes;  but  no  location  hereafter  made  of  such  non- 


MILL-SITES. 


67 


adjacent  land  shall  exceed  five  acres,  and  payment  for  the  same 
must  be  made  at  the  name  rate  as  fixed  by  this  chapter  for  the 
superficies  of  the  lode.  The  owner  of  a  quartz-mill  or  reduc- 
tion-works, not  owning  a  mine  in  connection  therewith,  may 
also  receive  a  patent  for  his  mill-site,  as  pio-  ided  in  this  sec* 
tion." 

RIGHTS,  HOW  ACQUIRED.  65.  To  avail  themselves  of 
this  provision  of  law,  parties  holding  the  possessory  right 
to  a  vein  or  lode,  and  to  a  piece  of  non-mineral  land  not  con- 
tiguous thereto,  for  mining  or  milling  purposes,  not  exceeding 
the  quantity  allowed  for  such  purpose  by  section  3337,  United 
States  Revised  Statutes  or  prior  laws,  under  which  the  land 
was  appropriated,  the  proprietors  of  such  vein  or  lode  may  file 
in  the  proper  land-office  their  application  for  a  patent,  under 
oath,  in  manner  already  set  forth  herein,  which  application,  to- 
gether with  the  plat  and  field  notes,  may  include,  embrace,  and 
describe,  in  addition  to  the  vein  or  lode,  such  non-contiguous 
mill-site,  and  after  due  proceedings  as  to  notice,  etc.,  a  patent 
will  be  issued  conveying  the  same  as  one  claim. 

COPY   OF  PLAT,   ETC.,   MUST   BE   POSTED.     66.     In 

making  the  survey  in  a  case  of  this  kind,  the  lode  claim  should 
be  describi^d  lu  the  plat  and  field  notes  as  "Sur.  No.  37,  A," 
and  the  miii-s  te  as  "Sur.  No.  37,  B,"  or  whatever  may  be  its 
appropriate  numerical  designation;  the  course  and  distance  from 
a  corner  of  the  mill-site  to  a  corner  of  the  lode  claim  to  be  in- 
variably given  in  such  plat  and  field  notes,  and  a  copy  of  the 
plat  and  notice  of  application  for  patent  must  be  conspic- 
uously posted  upon  the  mill-site  as  well  as  upon  the  vein  or 
lode  for  the  statutory  period  of  sixty  days.  In  making  the  entry 
no  separate  receipt  or  certificate  need  be  issued  for  the  mill- 
site,  but  the  whole  area  of  both  lode  and  mill-site  will  be  em- 
braced in  one  entry,  the  price  being  five  dollars  for  each  acre 
and  fractional  part  of  an  acre  embraced  by  such  lode  and  mill- 
site  claim. 

67.  In  case  the  owner  of  a  quartz-mill  or  reduction  works 
is  not  the  owner  or  claimant  of  a  vein  or  lode,  the  law  permits 
him  to  make  application  therefor  in  the  same  manner  prescribed 
herein  for  mining  claims,  and  after  due  notice  and  proceedings, 
in  the  absence  of  a  valid  adverse  filing,  to  enter  and  receive  a 
patent  for  his  mill-site  at  said  price  per  acre. 


68 


ALASKA. 


LAND  MUST  BE  NON-MINERAL.  68.  In  every  case 
there  must  be  satisfactory  proof  that  the  land  claimed  as  a  mill- 
site  is  not  mineral  in  character,  which  proof  may,  where  the 
matter  is  unquestioned,  consist  of  the  swo'-n  statement  of  two 
or  more  persons  capable  from  acquaintance  with  the  land  to 
testify  understandingly. 

POSSESSORY  RIGHT. 


69.  With  regard  to  the  proofs  necessary  to  establish  the  pos- 
sessory right  to  a  mining  claim,  section  2332  provides  that 
"where  such  person  or  association,  they  and  their  grantors, 
have  held  and  worked  their  claims  for  a  period  equal  to  the 
time  prescribed  by  the  statute  of  limitations  for  mining  claims 
of  the  State  or  Territory  where  the  same  may  be  situated,  evi- 
dence of  such  possession  and  working  of  the  claims  for  such 
period  shall  be  sufficient  to  establish  a  right  to  a  patent  thereto 
under  this  chapter,  in  the  abseace  of  any  adverse  claim." 

LESSEN  THE  BURDEN  OF  PROOF.  70.  This  provi- 
sion  of  law  will  greatly  lessen  the  burden  of  proof,  more  espe- 
cially in  the  case  of  old  claims  located  many  years  since,  the 
records  of  which,  in  many  cases,  have  been  destroyed  by  lire, 
or  lost  in  other  ways  during  the  lapse  of  time,  but  concerning 
the  possessory  right  to  which  all  controversy  or  litigation  has 
long  been  settled 

PROOF  REQUIRED.  71.  When  an  applicant  desires  to 
make  his  proof  of  possessory  right  in  accordance  with  this  pro- 
vision of  law,  he  will  not  be  required  to  produce  evidence  of 
location,  copies  of  i^onveyances,  or  abstracts  of  title,  as  in  other 
cases,  but  will  be  i-equired  to  furnish  a  duly  certified  copy  of 
the  statute  of  limitation  of  mining  claims  for  the  State  or  Ter- 
ritory, together  with  his  sworn  statement  giving  a  clear  and 
succinct  narration  of  the  facts  as  to  the  origin  of  his  title,  and 
likewise  as  to  the  continuation  of  his  possession  of  the  mining 
ground  covered  by  his  application;  the  area  thereof;  the  nature 
and  extent  of  the  mining  that  has  been  done  thereon;  whether 
there  has  been  any  opposition  to  his  possession,  or  litigation 
with  reg-^rd  to  his  claim,  nnd,  if  so,  when  the  same  ceased ; 
whether  such  cessation  vas  caused  by  compromise  or  by  judi- 
cirt  decree,  and  any  additional  facts  within  the  claimant's  knowl- 


UNITED  STATES  MINING  REGULATIONS. 


69 


edge  having  a  direct  bearing  upon  his  possession  and  bona  fxdes 
which  he  may  desire  to  submit  m  support  of  his  claim. 

CERTIFICATE  OF  NO  SUIT  PENDING.  7a.  There 
should  likewise  be  filed  a  certificate,  under  seal  of  the  court 
having  jurisdiction  of  mining  cases  within  the  judicial  district 
embracing  the  claim,  that  no  suit  or  action  of  any  character 
whatever  involving  the  right  of  possession  to  any  portion  of 
the  claim  applied  for  is  pending,  and  that  there  has  been  no 
litigation  before  said  court  affecting  the  title  to  said  claim  or 
any  part  thereof  for  a  period  equal  to  the  time  fixed  by  the 
statute  of  limitations  for  mining  claims  in  the  State  or  Terri- 
tory as  aforesaid,  other  than  that  which  has  been  finally  decided 
in  favor  of  the  claimant. 

CORROBORATION  REQUIRED.  73-  The  claimant 
should  support  his  narrative  of  facts  relative  to  his  possession, 
occupancy,  and  improvements  by  corroborative  testimony  of 
any  disinterested  person  or  persons  of  credibility  who  may  be 
cognizant  of  the  facts  in  the  case  and  are  capable  of  testifying 
understandingly  in  the   premises. 

PATENT.  74.  As  a  condition  for  the  making  of  appli- 
cation for  patent  according  to  section  2325,  there  must  be  a 
preliminary  showing  of  work  or  expenditure  upon  each  loca- 
tion, either  by  showing  the  full  amount  sufficient  to  the  main- 
tenance of  possession  under  section  232.^  for  the  pending  year; 
or,  if  there  has  been  failure,  it  should  be  shown  that  work  ha» 
been  resumed  so  as  to  prevent  relocation  by  adverse  parties 
after  abandonment. 

PENDING  YEAR.  The  "pending  year"  means  the  calen- 
dar year  in  which  application  is  made,  and  has  no  reference  to 
a  showing  of  work  at  date  of  the  final  entry. 

75.  This  preliminary  showing  may,  where  the  matter  is  un- 
questioned, consist  of  the  affidavit  of  two  or  more  witnesses 
familiar  with  the  facts. 

PROOF   OF    CITIZENSHIP  OF    MINING    CLAIMANTS. 

76.  The  proof  necessary  to  establish  the  citizenship  of  ap- 
plicants for  mining  patents  must  be  made  in  the  following 
manner:  In  case  of  an  incorporated  company,  a  certified  copy 
of  their  charter  or  certificate  of  incorporation  must  be  filed. 
In  case  of  an  association  of  persons  unincorporated,  the  affi> 
davit    of     their    duly   authorized    agent,    made    upon     his    own 


70 


ALASKA. 


' 


Icnowledge  or  upon  information  and  belief,  setting  forth  the 
residence  of  each  person  forming  such  association,  must  be 
submitted.  This  affidavit  must  be  accompanied  by  a  power  of 
attorney  from  the  parties  forming  such  association,  authorizing 
the  person  who  makes  the  affidavit  of  citizenship  to  act  for 
them  in  the  matter  of  their  application  for  patent. 

7T.  In  case  of  an  individual  or  an  association  of  individuals 
who  do  not  apear  by  their  duly  authorized  agent,  you  will  re- 
<iuire  the  affidavit  of  each  applicant,  showing  whether  he  is  a 
native  or  naturalized  citizen,  when  and  where  born,  and  his 
residence. 

78.  In  case  an  applicant  has  declared  his  intention  to  be- 
come a  citizen  or  has  been  naturalized,  his  affidavit  must  show 
the  date,  place  and  court  before  which  he  declared  his  inten- 
tion, or  from  which  his  certificate  of  citizenship  issued,  and 
present  residence. 

70.  The  affidavit  of  the  claimant  as  to  his  citizenship  may 
be  taken  before  the  register  or  receiver,  or  any  other  officer 
authorized  to  administer  oaths  within  the  land  district;  or,  if 
the  claimant  is  residing  beyond  the  limits  of  the  district,  the 
affidavit  may  be  taken  before  the  clerk  of  any  court  of  record 
or  before  any  notary  public  of  any  State  or  Territory. 

80.  If  citizenship  is  established  by  the  testimony  of  disin- 
terested persons,  such  testimony  may  be  taken  at  any  place  be- 
iore  any  person  authorized  to  administer  oaths,  and  whose  of- 
ficial character  is  duly  verified. 


ADVERSE   CLAIMS. 


81.  Section  2326,  and  the  act  of  April  26,  1882,  provide  for 
adverse  claims,  fix  the  time  within  which  they  shall  be  filed  to 
liave  legal  effect,  and  prescribe  the  manner  of  their  adjustment, 
■etc. 

WHERE  FILED.  82.  An  adverse  mining  claim  must  be 
filed  with  the  register  and  receiver  of  the  Land  Office  where 
the  application  for  patent  was  filed,  or  with  the  register  and 
receiver  of  the  district  in  which  the  land  is  situated  at  the  tim« 
of  filing  the  adverse  claim.  It  must  be  on  the  oath  of  the  ad- 
verse claimant,  or  it  may  be  verified  by  the  oath  of  any  duly 
authorized  agent  or  attorney-in-fact  of  the  adverse  claimant, 
•cognizant  of  the  facts  stated. 


UNITED   STATES   MINING   REGULATIONS.  71 

83.  Where  an  agent  or  attorney-in-fact  verifies  the  adverse 
claim,  he  must  distinctly  swear  that  he  is  such  agent  or  attor- 
ney, and  accompany  his  affidavit  by  proof  thereof. 

84.  The  agent  or  attorney-in-fact  must  make  the  affidavit  in 
verification  of  the  adverse  claim  within  the  land  district  where 
the  claim  is  situated. 

8s.  The  adverse  notice  must  fully  set  forth  the  nature  and 
extent  of  the  interference  or  conflict;  whether  the  adverse  party 
claims  as  a  purchaser  for  valuable  consideration  or  as  a  locator; 
if  the  former,  a  certified  copy  of  the  original  location,  the  orig- 
inal- conveyance,  a  duly  certified  copy  thereof,  or  an  abstract  of 
title  from  the  office  of  the  proper  recorder  should  be  furnished, 
or  if  the  transaction  was  a  merely  verbal  one  he  will  narrate  the 
circumstances  attending  the  purchase,  the  date  thereof,  and  the 
amount  paid,  which  facts  should  be  supported  by  the  affidavit 
of  one  or  more  witnesses,  if  any  were  present  at  the  time,  and 
if  he  claims  as  a  locator  he  must  file  a  duly  certified  copy  of 
the  location  from  the  office  of  the  proper  recorder. 

BOUNDARIES    AND    EXTENT.     86.     In  order  that  the 
"boundaries"  and  "extent"  of  the  claim  may  be  shown,  it  will 
be  incumbent  upon  the  adverse  claimant  to  file  a  plat  showing 
his  entire  claim,  its  relative  situation  or  position  with  the  one 
against  which  he  claims,  and  the  extent  of  the  conflict.    This 
plat  must  be  made  from  an  actual  survey  by  a  United  States 
deputy-surveyor,    who   will   officially   certify   thereon   to    its   cor- 
rectness; and  in  addition  there  must  be  attached  to  such  plat 
of  survey  a  certificate  or  sworn  statement  by  the  surveyor  as  to 
the  approximate  value  of  the  labor  performed  or  improvements 
made  upon  the  claim  by  the  adverse  party  or  his  predecessors 
in  interest,  and  the  plat  must  indicate  the  position  of  any  shafts, 
tunnels,   or  other    improvements,   if  any   such   exist,   upon    the 
claim  of  the  party  opposing  the  application,  and  by  which  party 
said  improvements  were  made:  Provided,  however,  That,  if  the 
application  for  patent  describes  the  claim  by  legal  subdivisions, 
the    adverse    claimant,    if    also    claiming   by    legal    subdivisions, 
may   describe   his   adverse   claim   in   the   same   manner  without 
further  survey  or  plat. 

NOTICE  OF  ADVERSE  CLAIMS.  87.  Upon  the  fore- 
going  being  filed  within  the  sixty  days  as  aforesaid,  the  regis* 
ter.   or  in  his  absence  the  receiver,   will   give  notice  in  writing 


^2 


AI.ASKA. 


I 


to  both  parties  to  the  contest  that  such  adverse  claim  has  been 
filed,  informing  them  that  the  party  who  filed  the  adverse 
claim  will  be  required  within  thirty  days  from  the  date  of  such 
filing  to  commence  proceedings  in  a  court  of  competent  juris- 
diction to  determine  the  Question  of  right  of  possession,  and 
to  prosecute  the  same  with  reasonable  diligence  to  final  judg- 
ment, and  that,  should  such  adverse  claimant  fail  to  do  so, 
his  adverse  claim  will  be  considered  waived,  and  the  applica- 
tion for  patent  be  allowed  to  proceed  upon  its  merits. 

88.  When  an  adverse  claim  is  filed  as  aforesaid,  the  register 
or  receiver  will  indorse  upon  the  same  the  precise  date  of  fil- 
ing, and  preserve  a  record  of  the  date  of  notifications  issued 
thereon;  and  thereafter  all  proceedings  on  the  application  for 
patent  will  be  suspended,  with  the  exception  of  the  completion 
of  the  publication  and  posting  of  notices  and  plat,  and  the  fil- 
ing of  the  necessary  proof  thereof,  until  the  controversy  shall 
have  been  adjudicated  in  court,  or  the  adverse  claim  waived  or 
withdrawn. 

CERTIFIED  COPY  OF  JUDGMENTS  TO  BE  FILED. 
Sg.  Where  an  adverse  claim  hr:.  been  filed  and  suit  thereon 
commenced  within  the  statutory  period,  and  final  judgment  de- 
termining the  right  of  possession  rendered  in  favor  of  the  ap- 
plicant, it  will  not  be  sufficient  for  him  to  file  with  the  reg- 
ister a  certificate  of  the  clerk  of  the  court,  setting  forth  the 
facts  as  to  such  judgment,  but  he  must,  before  he  is  allowed 
to  make  entry,  file  a  certified  copy  of  the  judgment,  together 
with  the  other  evidence  required  by  section  2326,  Revised 
Statutes. 

00.  Where  such  suit  has  been  dismissed,  a  certificate  of  the 
clerk  of  the  court  to  that  efTect,  or  a  certified  copy  of  the  order 
of  dismissal,  will  be  sufficient. 

91.  In  no  case  will  a  relinquishment  of  the  ground  in  con- 
troversy, or  other  proof,  filed  with  the  register  or  receiver,  be^ 
accepted  in  lieu  of  the  evidence  required. 

IF  SUIT  IS  NOT  COMMENCED.  92.  Where  an  ad- 
verse claim  has  been  filed,  but  no  suit  commenced  against  the 
applicant  for  patent  within  the  statutory  period,  a  certificate  to 
that  effect  by  the  clerk  of  the  State  court  having  jurisdiction 
in  the  case,  and  also  by  the  clerk  of  the  circuit  court  of  the 
United  States  for  the  district  in  which  the  claim  is  situated, 
will  be  required. 


UNITED  STATES   MINING   REGULATIONS. 


73' 


WHO  NOT  ENTITLED  TO  MAKE  ENTRY.  93  A 
party  who  is  not  an  applicant  for  patent  under  section  2325, 
Revised  Statutes,  or  the  assignee  of  such  applicant,  is  not  en- 
titled to  make  entry  under  said  section,  and  in  no  case  will 
the  name  of  such  party  be  inserted  in  the  certificate  of  entry. 
This  regulation  has  no  reference  to  proceedings  under  section 
2326. 

TRUSTEE.  94.  Any  party  applying  to  make  entry  as 
trustee  must  disclose  fully  the  nature  of  the  trust  and  the 
name  of  the  cestui  que  trust;  and  such  trustee,  as  well  as  the 
beneficiaries,  must  furnish  satisfactory  proof  of  citizenship  ;- 
and  the  names  of  beneficiaries;  as  well  as  that  of  the  trustee,, 
must  be  inserted  in  the  final   certificate  of  entry. 

95.  No  entry  will  be  allowed  until  the  register  has  satisfied 
himself,  by  a  careful  examination,  that  proper  proofs  have 
been  filed  upon  all  the  points  indicated  in  official  regulations 
in  force,  and  that  they  show  a  sufficient  bona  fide  compliance 
with  the  laws  and  such  regulations. 

LAWS  EXTENDED  TO  ALASKA.  96.  The  administra- 
tion of  the  mining  laws  as  prescribed  by  these  regulations  will 
be,  so  far  as  applicable,  adopted  for,  and  extended  to  Alaska. 

(i)  The  ex-officio  register,  receiver,  and  surveyor-general, 
while  acting  as  such,  and  their  clerks  and  deputy  surveyors, 
will  be  deemed  subject  to  the  laws  and  regulations  governing, 
the  official  conduct  and  responsibilities  of  similar  officers  and 
persons  under  general  statutes  of  the  United  States. 

(2)  The  Commissioner  of  the  General  Land  Office  will  e.xer- 
cise  the  same  general  supervision  over  the  execution  of  the- 
laws  as  are  or  may  be  exercised  by  him  in  other  mineral  dis- 
tricts. 


APPOINTMENT    OF    DEPUTY   SURVEYORS   OF    MIN- 
ING CLAIMS— CHARGES  FOR  SURVEYS  AND   PUB- 
LICATIONS-FEES OF  REGISTERS  AND 
RECEIVERS,  ETC. 

97'  Section  2334  provides  for  the  appointment  of  surveyors 
of  mineral  claims,  authorizes  the  Commissioners  of  the  Gen- 
eral Land  Office  to  establish  the  rates  to  be  charged  for  sur- 
veys and  for  newspaper  publications. 


3A 


ALASKA. 


Under  this  authority  of  law  the  following  rates  have  been 
established  as  the  maximum  charges  for  newspaper  publica- 
:tions  in  mining  cases: 

(i)  Where  a  daily  newspaper  is  designated,  the  charge  shall 
not  exceed  seven  dollars  for  each  ten  lines  of  space  occupied, 
land  where  a  weekly  newspaper  is  designated  as  the  medium  of 
publication  five  dollars  for  the  same  space  will  be  allowed. 
Such  charge  shall  be  accepted  as  full  payment  for  publication 
in  each  issue  of  the  newspaper  for  the  entire  period  required 
by  law. 

It  is  expected  that  these  notices  shall  not  be  so  abbreviated 
.as  to  curtail  the  description  essential  to  a  perfect  notice,  and 
-the  said  rates  established  upon  the  understanding  that  they  are 
to  be  in  the  usual  body-type  used  for  advertisements. 

(2)  F«r  the  publication  of  citations  in  contests  or  hearings 
involving  the  character  of  lands,  the  charges  shall  not  exceed 
•eight  dollars  for  five  publications  in  weekly  newspapers,  or  ten 
dollars  for   publications  in   daily   newspapers  for  thirty  days. 

98.  The  surveyors-general  of  the  several  districts  will,  in 
pursuance  of  said  law,  appoint  in  each  land  district  as  many 
competent  deputies  for  the  survey  of  mining  claims  as  may 
seek  such  appointment;  it  being  distinctly  understood  that  all 
•expenses  of  these  notices  and  surveys  are  to  be  borne  by  the 
mining  claimants  and  not  by  the  United  States;  the  system 
of  making  deposits  for  mineral  surveys,  as  required  by  previ- 
ous instructions,  being  hereby  revoked  as  regards  field  work; 
the  claimant  having  the  option  of  employing  any  deputy  sur- 
veyor within  such  district  to  do  his  work  in  the  field. 

99.  With  regard  to  the  lilatting  of  the  claim  and  other  office 
work  in  the  surveyor-general's  office,  that  officer  will  make  an 
■estimate  of  the  cost  thereof,  which  amount  the  claimant  will 
•deposit  with  any  assistant  United  States  Treasurer,  or  desig- 
nated depository  in  favor  of  the  United  States  Treasurer,  to 
be  passed  to  the  credit  of  the  fund  created  by  "individual  de- 
positors for  surveys  of  the  public  lands,"  and  file  with  the  sur- 
veyor-general duplicate  certificates  of  such  deposit  in  the  usual 
manner. 

100.  The  surveyors-general  will  endeavor  to  appoint  min- 
eral deputy  surveyors,  so  that  one  or  more  may  be  located  in 
«ach  mining  district  for  the  greater  convenience  of  miners. 

loi.  The  usual  oaths  will  be  required  of  these  deputies  and 


ad) 


UNITED   STATES   MINING  REGULATIONS. 


75 


een 
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:xceed 
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lays, 
ill,    in 
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It  will 
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min- 
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kers. 
ies  and 


their  assistants  as  to  the  correctness  of  each  survey  executed 
by  them. 

The  duty  of  the  deputy  mineral  surveyor  ceases  when  he 
has  executed  the  survey  and  returned  the  field  notes  and  pre* 
liminary  plat  thereof  with  his  report  to  the  surveyor-general. 
He  will  not  be  allowed  to  prepare  for  the  mining  claimant  the 
papers  in  support  of  an  application  for  patent,  or  otherwise 
perform  the  duties  of  an  attorney  before  the  land  office  in  con- 
nection  with   a   mining   claim. 

The  surveyors-general  and  local  land  officers  are  expected 
to  report  any  infringement  of  this  regulation  to  this  office. 

102.  The  law  requires  that  each  applicant  shall  file  with 
the  register  and  receiver  a  sworn  statement  of  all  charges  and 
fees  paid  by  him  for  publication  of  notice  and  for  survey,  to- 
gether with  all  fees  and  money  paid  the  register  and  receiver, 
which  sworn  statement  is  required  to  be  transmitted  to  this 
office  for  the  information  of  the  Commissioner. 

102-  Should  it  appear  that  excessive  or  exorbitant  charges 
have  been  made  by  any  surveyor  or  any  publisher,  prompt  ac- 
tion  will  be  taken  with  the  view  of  correcting  the  abuse. 

104.  The  fees  payable  to  the  register  and  receiver  for  filing 
and  acting  upon  applications  for  mineral-land  patents  are  five 
dollars  to  each  officer,  to  be  paid  by  the  applicant  for  patent 
at  the  time  of  filing,  and  the  like  sum  of  five  dollars  is  payable 
to  each  officer  by  an  adverse  claimant  at  the  time  of  filing  his 
adverse  claim  (Sec.  2238,  R.  S.,  paragraph  9). 

ics.  All  fees  or  charges  under  this  law  may  be  paid  in 
United   States  currency. 

106.  The  register  and  receiver  will,  at  the  close  of  each 
month,  forward  to  this  office  an  abstract  of  mining  applica- 
tions filed,  and  a  register  of  receipts,  accompanied  with  an  ab- 
stract of  mineral  lands  sold,  and  an  abstract  of  adverse  claims 
filed. 

107.  The  fees  and  purchase  money  received  by  registers 
and  receivers  must  be  placed  to  the  credit  of  the  United 
States  in  the  receiver's  monthly  and  quarterly  account,  charg- 
ing up  in  the  disbursing  account  the  sums  to  which  the  reg- 
ister and  receiver  may  be  respectively  entitled  as  fees  and 
commissions,   with  limitations  in  regard  to  the  legal  maximum. 


I! 


70 


ALASKA. 


PROCEEDINGS     BEFORE    THE     REGISTER    AND     RE- 
CEIVER AND  SURVEYORS-GENERAL  IN  CON- 
TESTS  AND   HEARINGS  TO   ESTABLISH 
THE  CHARACTER  OF 
LANDS. 

108.  The  "Rules  of  Practice  in  cases  before  the  United 
States  district  land  offices,  the  General  Land  Office,  and  the 
Department  of  the  Interior,"  approved  August  13,  1895,  will,  as 
far  as  applicable,  govern  in  all  cases  and  proceedings  arising 
in  contests,  and  hearings  to  determine  the  mineral  or  non- 
mineral  character  of  lands. 

109.  No  public  land  shall  be  withheld  from  entry  as  agricul- 
tural land  on  account  of  its  mineral  character,  except  such  a» 
is  returned  by  the  surveyor-general  as  mineral;  and  the  pre- 
sumption arising  from  such  a  return  may  be  overcome  by  tes- 
timony taken  in  the  manner  hereinafter  described. 

no.  Hearings  to  determine  the  character  of  lands  are  prac- 
tically of  two  kinds,  as  follows: 

1.  When  lands  are  returned  as  mineral  by  the  surveyor- 
general. 

When  such  lands  are  sought  to  be  entered  as  agricultural 
under  laws  which  require  the  submission  of  final  proof  after 
due  notice  by  publication  and  posting,  the  filing  of  the  proper 
non-mineral  affidavit  in  the  absence  of  allegations  that  the 
land  is  mineral  will  be  deemed  sufficient  as  a  preliminary  re- 
quirement. A  satisfactory  showing  as  to  character  of  land 
must  be  made  when  final  proof  is  submitted. 

In  case  of  application  to  enter,  locate,  or  select  such  lands 
as  agricultural,  under  laws  in  which  the  submission  of  final 
proof  after  due  publication  and  posting  is  not  required,  notice 
thereof  must  first  be  given  by  publication  for  thirty  days  and 
posting  in  the  local  office  during  the  same  period,  and  affirma- 
tive proof  as  to  ^he  character  of  the  land  submitted.  In  the 
absence  of  allegations  that  the  land  is  mineral,  and  upon  com> 
pliance  with  this  requirement,  the  entry,  location,  or  selec- 
tion  will  be  allowed,  if  otherwise  regular. 

2.  When  lands  which  are  sought  to  be  entered  as  agricul' 
tural  are  alleged  by  affidavit  to  be  mineral  or  when  sought  as 


UNITED   STATES  MINING  REGULATIONS. 


mineral  their  non-mineral  character  is  alleged.  The  proceed- 
ings  in  this  class  oi  cases  are  in  the  nature  of  a  contest  be* 
tween  two  or  more  known  parties  and  are  provided  for  in  the 
rules  of  practice. 

III.  At  the  hearings  under  either  of  the  aforesaid  classes, 
the  claimants  and  witnesses  will  be  thoroughly  examined  with 
regard  to  the  character  of  the  land;  whether  the  same  has  been 
thoroughly  prospected;  whether  or  not  there  exists  within  the 
tract  or  tracts  claimed  any  lode  or  vein  ot  quartz  or  other 
rock  in  place,  bearing  gold,  silver,  cinnabar,  lead,  tin,  or  cop* 
per.  or  other  valuable  deposit  which  has  ever  been  claimed, 
located,  recorded,  or  worked;  whether  such  work  is  entirely 
abandoned,  or  whether  occasionally  resumed;  if  such  lode 
does  exist,  by  whom  claimed,  under  what  designation,  and  in 
which  subdivision  of  the  land  it  lies;  whether  any  placer  mine 
or  mines  exist  upon  the  land;  if  so,  what  is  the  character 
thereof — whether  of  the  shallow  surface  description,  or  of  the 
deep  cement,  blue  lead  or  gravel  deposits;  to  what  extent 
mining  is  carried  on  when  water  can  be  obtained,  and  what 
the  facilities  are  for  obtaining  water  for  mining  purposes; 
upon  what  particular  ten-acre  subdivisions  mining  has  been 
done,  and  at  what  time  the  land  was  abandoned  for  mining 
purposes,  if  abandoned  at  all. 

112.  The  testimony  should  also  show  the  agricultural  capac- 
ities of  the  land,  what  kind  of  crops  are  raised  thereon,  and  the 
value  thereof;  the  number  of  acres  actually  cultivated  for 
crops  of  cereals  or  vegetables,  and  within  which  particular  ten- 
acre  subdivision  such  crops  are  raised;  also  which  of  these 
subdivisions  embrace  the  improvements,  giving  in  detail  the 
extent  and  value  of  the  improvements,  such  as  house,  barn, 
vineyard,    orchard,    fencing,    etc.,    and    mining    improvements. 

113.  The  testimony  should  be  as  full  and  complete  as  pos- 
sible; and  in  addition  to  the  leading  points  indicated  above, 
where  an  attempt  is  made  to  prove  mineral  character  of  lands 
which  have  been  entered  under  the  agricultural  laws,  it 
should  show  at  what  date,  if  at  all,  valuable  deposits  of  min- 
eral were  first  known  to  exist  on  the  lands. 

114.  When  the  case  comes  before  this  office,  such  decision 
will  be  made  as  the  law  and  the  facts  may  justify;  and  in 
cases  where  a  survey  is  necessary  to  set  syjart  the  mineral 
from   the   agricultural   land,   the   necessary   instructions   will    be 


;t» 


ALASKA. 


given  to  enable  the  proper  party  at  his  own  expense,  to  have 
the  work  done,  at  his  option,  either  by  United  States  deputy, 
county,  or  other  local  surveyor;  the  survey  in  such  case,  where 
the  claims  to  be  segregated  are  vein  or  lode  claims,  must  be 
executed  in  such  manner  as  will  conform  to  the  requirements 
in  section  2320,  U.  S.  Revised  Statutes,  as  to  length  and  width 
and  parallel  end  lines. 

115.  Such  survey  when  executed  must  be  properly  sworn  to 
by  the  surveyor,  either  before  a  notary  public,  officer  of  a 
court  of  record,  or  before  the  register  or  receiver,  the  depo- 
nent's character  and  credibility  to  be  properly  certified  to  by 
the  officer  administering  the  oath. 

1x6.  Upon  the  filing  of  the  plat  and  field  notes  of  such 
survey,  duly  sworn  to  as  aforesaid,  you  will  transmit  the  same 
to  the  surveyor-general  for  his  verification  and  approval;  who, 
if  he  finds  the  work  correctly  performed,  will  properly  mark 
out  the  same  upon  the  original  township  plat  in  his  office,  and 
furnish  authenticated  copies  of  such  plat  and  description  both 
to  the  proper  local  land  office  and  to  this  office,  to  be  affixed 
to   the   duplicate  and  triplicate  township   plats   resp     tively. 

117.  With  the  copy  of  plat  and  description  furnished  the 
local  office  and  this  officer  must  be  a  diagram  tracing,  veri- 
fied by  the  surveyor-general,  showing  the  claim  or  claims  seg- 
regated, and  designating  the  separate  fractional  agricultural 
tracts  in  each  40-acre  legal  subdivision  by  the  proper  lot  num- 
ber, beginning  with  No.  i  in  each  section,  and  giving  the  area 
in  each  lot,  the  same  as  provided  in  paragraph  45,  in  the  sur- 
vey of  mining  claims  on  surveyed  lands. 

118.  The  fact  that  a  certain  tract  of  land  is  decided  upon 
testimony  to  be  mineral  in  character  is  by  no  means  equiva- 
lent to  an  award  of  the  land  to  a  miner.  A  miner  is  compelled 
by  law  to  give  sixty  days'  publication  of  notice,  and  posting  of 
diagrams  and  notices,  as  a  preliminary  step,  and  then,  before 
he  can  enter  the  land,  he  must  show  that  the  land  yields  min- 
eral; that  he  is  entitled  to  the  possessory  right  thereto  in  vir- 
tue of  compliance  with  local  customs  or  rules  of  miners,  or 
by  virtue  of  the  statute  of  limitations;  that  he  or  his  grantors 
have  expended,  in  actual  labor  and  improvements,  an  amount 
of  not  less  than  five  hundred  dollars  thereon,  and  that  the 
claim  is  one  in  regard  to  which  there  is  no  controversy  or  op- 
posing  claim.     After   all   the»e   proofs   are   met,   he   is  entitled 


UNITED  STATES   MINING   REGULATIONS. 


79- 


to  have  a  survey  made  at  his  own  cost  where  a  survey  is  re* 
Quired,  after  which  he  can  enter  and  pay  for  the  land  em- 
braced by  his  claim. 

iiQ.    Blank   forms  for  proofs  in   niinrral   cases   are  not   fur- 
nished  by  the  General  Land  Office. 

THOMAS   H.   CARTER,   Commissioner. 
JOHK    VV.    NOBLE,    Secretary. 

Approved  December  lo,   1891. 

(United  States  Mining  Forms  are  given  in  last  part  of  this 
book.    See  index.) 


Department  of  the  Interior, 

General  Land  Office. 

Washington,  D.  C,  October  12,   1892. 

Registers   and    Receivers,    United    States    Lstnd    Offices: 

GENTLEMEN:  Attached  is  a  copy  of  the  act  of  Congress 
of  August  4,  1892,  entitled  "An  act  to  authorize  the  entry  of 
lands  chiefly  valuable  for  building  stone  under  the  placer  min- 
ing laws." 

The  first  section  of  said  act  extends  the  mineral  land  laws 
already  existing  so  as  to  bring  land  chiefly  valuable  for  build- 
ing-stone within  the  provisions  of  said  law  to  the  extent  of  au- 
thorizing a  placer  entry  of  such  land.  The  proviso  to  said  first 
section  excludes  lands  reserved  for  the  benefit  of  the  public 
«chool8  or  donated  to  any  State  from  entry  under  the  act. 

In  cases  that  may  arise  hereafter  in  reference  to  any  lands 
subject  to  entry  under  the  mining  laws,  you  will  be  governed 
by  said  act  in  admitting  such  entries.  The  proper  instructions 
for  your  guidance  in  so  doing  may  be  found  in  official  circular 
of  December  10,  i8gi,  entitled  "United  States  Mining  Laws 
and  Regulations  Thereunder,"  to  which  you  are  referred,  and 
your  special  attention  is  called  to  the  law  and  instructions 
therein  relating  to  placer  claims. 

It  is  not  the  understanding  of  this  office  that  the  first  sec- 
tion of  said  act  of  August  4.  1892,  withdraws  land  chiefly  valu- 
able for  building-stone  from  entry  under  any  existing  law  ap- 
plicable thereto. 

The  second  section  of  said  act  of  August  4,  1892,  makes  the 


•So 


ALASKA. 


timber  and  stone  act  of  Jtme  3,  187S  (20  Stat.,  89),  applicable 
to  all  the  public  land  States.  You  will  observe  the  same  in 
acting  upon-  applications  for  entries  in  your  respective  dis- 
tricts. For  instructions  you  are  referred  to  the  general  cir- 
cular of  February  6,  1892,  pages  35  to  38  inclusive. 

In  allowing  placer  entries  for  stone  chiefly  valuable  for 
building  purposes,  under  first  section  of  the  ac  of  August  4, 
1892,  you  will  make  a  reference  to  said  act  on  the  entry  papers 
returned. 

Very  respectfully, 

1/  W.   M.  STONE,  Acting  Commissioner. 

Approved   October   12,    1892:  * 

GEO.   CHANDLER,  Acting  Secretary. 


(PUBLIC— NO.  199.) 

AN   ACT   to  authorize   the  entry   of  lands   chiefly   valuable   for 
building-stone   under   the   placer   mining  laws. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  Staten  of  America  in  Congress  assembled. 
That  any  person  authorized  to  enter  lands  under  the  mining 
laws  of  the  United  States  may  enter  lands  that  are  chiefly 
valuable  for  building-stone  under  the  provisions  of  the  law  in 
relation  to  placer  mineral  claims:  Provided,  That  lands  re- 
served for  the  benefit  of  the  public  schools  or  donated  to  any 
State  shall  not  be  subject  to  entry  under  this  act. 

Sec.  2.  That  an  act  entitled  "An  act  for  the  sale  of  timber 
lands  in  the  States  of  California,  Oregon,  Nevada,  and  Wash- 
ington Territory,"  approved  June  third,  eighteen  hundred  and 
seventy-eight,  be,  and  the  same  is  hereby,  amended  by  strik- 
ing out  the  words  "States  of  California,  Oregon,  Nevada,  and 
Washington  Territory"  where  the  same  occur  in  the  second 
and  third  lines  of  said  act,  and  insert  in  lieu  thereof  the  words 
"Public-land  States,"  the  purpose  of  this  act  being  to  make 
said  act  of  June  third,  eighteen  hundred  and  seventy-eight, 
applicable  to  all  the  public-land  States. 

Sec.  3-  That  nothing  in  this  act  shall  be  construed  to  re- 
peal section  twenty-four  of  the  act  entitled  "An  act  to  repeal 
timber-culture  laws,  and  for  other  purposes,"  approved  March 
third,  eighteen  hundred  and  ninety-one. 

Approved  August   4,    1892. 


UNITED  STATES  MINING  REGULATIONS. 


Br 


for 


Department  of  the   Interior, 

General  Land  Office. 

Washington,  D.  C,  October  34,   189a. 

Registers  and  Receivers,  United  States  Land  Offices: 

GENTLEMEN:  In  addition  to  instructions  contained  in 
general  circular  of  February  6,  1893,  pages  35  to  38,  inclusive, 
and  pages  147  and  148,  in  relation  to  the  timber  and  stone  act 
of  June  3,  1B78,  extended  by  the  act  of  August  4,  189a,  referred 
to  in  circular  A  of  October  u,  1S92,  you  are  advised  as  follows: 

I.  That  entries  made  under  section  one  of  said  act  are  re* 
quired  to  be  kept  and  reported  in  consecutive  and  numerical 
order  in  your  mineral  land  series. 

a.  That  entries  made  under  section  two  of  said  act  are  re* 
quired  to  be  kept  and  reported  in  consecutive  numerical  order 
in   your  regular   agricultural   cash   series. 

Necessary  additional  blank  forms  for  entries  under  said  act 
are  as  follows: 

Form    Nos.    4— 337*.    4—3^3;    4— 37o;    4—371 »    4—537;    4— 658    C 
Very  respectfully, 

W.   M.   STONE,  Acting  Commissioner. 


Itimber 
Wash- 
id  and 
strik- 
la.  and 
second 
words 
make 
■eight, 

to  re- 
repeal 
March 


AN  ACT  to  amend  section  numbered  twenty-three  hundred 
and  twenty-four  of  the  Revised  Statutes  of  the  United 
States   relating  to  mining  claims. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled. 
That  the  provisions  of  section  numbered  twenty-three  hundred 
and  twenty  four  of  the  Revised  Statutes  of  the  United  States, 
which  require  that  on  each  claim  located  after  the  tenth  day 
of  May,  eighteen  hundred  and  seventy-two,  and  until  patent 
has  been  issued  therefor,  not  less  than  one  hundred  dollars' 
worth  of  labor  shall  be  performed  or  improvements  made  dur- 
ing each  year,  be  suspended  for  the  year  eighteen  hundred  and 
ninety-four,  so  that  no  mining  claim  which  has  been  regularly 
located  and  recorded  as  required  by  the  local  laws  and  mining 
regulations  shall  be  subject  to  forfeiture  for  nonperformance 
of  the  annual  assessment  for  the  year  eighteen  hundred  and 
ninety-four:  Provided,  That  the  claimant  or  claimants  of  anjr 
mining   location,   in   order  to   secure  the  benefits  of  this  act^ 


fia 


ALASKA. 


shall  cause  to  be  recorded  in  the  office  where  the  location  no- 
tice or  certificate  is  filed  on  or  before  December  thirty-first, 
eighteen  hundred  and  ninetv-four,  a  notice  that  he  or  they  in 
good  faith  intend  to  hold  and  work  said  claim;  Provided,  how- 
ever. That  the  provii.ions  of  this  act  shall  not  apply  to  the 
State   of  South  Dakota. 

Sec.  2.  That  this  act  shall  take  effect  from  and  after  its 
passage. 

Approved  July  i8,  1894  (28  Stat.,  114). 


'm  ■ 


Department   of   the    Interior, 

General  Land  Office. 

Washington,  D.   C,  November  7,   1895. 

Paragraphs  32,  £o,  and  51  of  the  "United  States  Mining 
Laws  and  Regulations  Thereunder,"  approved  December  10, 
1891,  are  amended  to  reud  as  follows: 

32.    This   affidavit   should    be    supported    by   appropriate    evi- 
dence  from   the   mining   recorder's   office  as   to   his    possessory 
right,  as  follows,  viz:    Where  he  claims  to   be  the   locator,   or 
a   locator   in   company   with    others   who    have    since    conveyed 
their  interest  in  the  location  to  h:m,   a  full,  true,   and   correct 
copy  of  such  location  notice  should  be  furnished,  as  the  same 
appears  upon  the  mining  records;  such  copy  to  be  attested  by 
the  seal  of  the  recorder,  or  if  he  has  no  seal,  then  he  should 
make  oath  to  the  same  being  rjrrec:    as  shown  by  his  records. 
Where  the  applicant  claims  only  as   purchaser,   a  copy   of  the 
location  record  must  be  filed  under  seal  or  upon  oath  as  afore- 
said, vith  an  abstract  of  title,  under  seal  c^   oath  as  aforesaid, 
brouRht     down   to   date    of   filing   the    application,     tracing   the 
right  of  possession  by  a  continuous  chain  of  conveyances  from 
the   original   locators   to   the   applicant,   also   certifying   that   no 
conveyances  affecting  the  title  to  the  claim  in  question  appear 
of  record  other  than  those  set  forth  in  the  accompanying  ab- 
stract. 

The  abstracts  herein  required  may  be  certified  to  by  the 
proper  recorder,  or  by  any  abstracter  or  abstract  company, 
duly  authorized  by  State  or  Territorial  statute,  if  abstracts  so 
certified  by  abstracters  or  abstract  companies  are  by  statute 
receivable  as  evidence  in  the  courts  of  such  State  or  Territory, 


UNITED  STATES  MINING   REGULATIONS. 


83. 


in  the  same  manner  and  to  like  extent  that  abstracts  certified 
by  the  recorder  are  now  admitted:  Provided,  That  proof  be 
furnished  that  the  abstracts  so  certified  by  abstractors  or  ab- 
stract companies  are  receivable  as  evidence  in  courts  as  afore- 
said. 

50.  The  rights  granted  to  locators  under  section  2322,  Re- 
vised Statutes,  are  restricted  to  such  locations  on  veins,  lodes, 
or  ledges  as  may  be  ^'situated  on  the  public  domain."  In  ap- 
plications for  lode  claims  where  the  survey  conflicts  with  a 
prior  valid  lode  claim  and  the  ground  in  conflict  is  excluded, 
the  applicant  not  only  has  no  right  to  the  ex;..iuded  ground, 
but  he  has  no  right  to  that  portion  of  any  vein  or  lode  the  top- 
or  apex  of  which  lies  within  such  excluded  ground,  unless  his 
location  was  prior  to  May  10,  1872.  His  right  to  the  lode 
claimed  terminates  where  the  lode,  in  its  onward  course  or 
strike,  intersects  the  exterior  boundary  of  such  excluded 
ground  and  passes  within  it.  The  end  line  of  his  snrvey 
should  not,   therefore,  be  established   beyond   such  intersection. 

51.  Where,  however,  the  lode  claim  for  which  survey  is  be- 
ing made  was  located  prior  to  the  conflicting  claim,  and  such 
conflict  is  to  be  excluded,  in  order  to  include  all  ground  not 
so  excluded  the  end  line  of  the  survey  may  be  established 
within  the  conriicting  lode  claim,  but  the  line  must  be  so  run 
as  not  to  extend  any  farther  into  such  conflicting  claim  than 
may  be  necessary  to  make  such  end  line  parallel  to  the  other 
end  line  and  at  the  same  time  embrace  the  ground  so  held 
and  claimed.  The  useless  practice  in  such  cases  of  extending 
both  the  side  !iiies  of  a  survey  into  the  conflicting  claim,  and 
establishing  an  end  line  wholly  within  it,  beyond  a  point 
necessary  under  the  rule  just  stated,   will  be   discontinued. 

Very   respectfully, 

S.    W.    LAMOREUX,    Conmissioner. 
Approved : 

HOKE   SMITH,    Secretary  of   the   Interior. 


/^.  ? 


;! 
it. 


I 


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PUB] 


PART   III 


ALASKA 


1 


PUBLIC  LANDS  OTHER  THAN  MLN'ERAL   TOWH 
SITES.  TRADING  AND  MANUFAC- 
TURLNG    PURPOSES. 


PART  3. 


k  .* 


J  'i: 


PUBLIC  LANDS  OF  ALASKA  OTHER  THAN  MINERAL. 
—TOWN   SITES,   TRADING  AND   MANUFAC- 
TURING PURPOSES. 


The  United  States  General  Land  Laws  do  not  apply  to  Alaska 
(Section  eight,  Act  of  May  17th,  1884.    See  page  24). 

REGULATIONS    PROVIDED    BY   THE   COMMISSIONER 
OF  THE  GENERAL  LAND  OFFICE. 

Department  of   the    Interior, 

General  Land  Office. 
Washington,   D.    C,  June  3,   1891. 

Sections  11,  il,  13,  14  and  15  of  an  act  of  Congress  approved 
March  3,  1S91,  entitled  "An  act  to  repeal  timber-culture  laws, 
and  for  other  purposes,"  make  provisions,  under  certain  con- 
ditions, restrictions,  and  exceptions,  for  the  disposal  of  public 
land  in  the  Territory  of  Alaska  for  town-site  purposes,  and 
for  the  use  and  necessities  of  trade  and  manufactures,  as  fol- 
lows: 

Sec.  II.  That  until  otherwise  ordered  by  Congress  lands 
in  Alaska  may  be  eiitered  for  town-site  purposes,  for  the  sev- 
eral use  and  benefit  of  the  occupants  of  such  town  sites  by 
such  trustee  or  trustees  as  may  be  named  by  the  Secretary  of 
the  Interior  for  that  purpose,  such  entries  to  be  made  under 
the  provisions  of  section  twenty-three  hundred  and  eighty- 
seven  of  the  Revised  Statutes  as  near  as  may  be;  and  when 
such  entries  shall  have  been  made  the  Secretary  of  the  Interior 
shall  provide  by  regulation  for  the  proper  execution  of  the 
trust  in  favor  of  the  inhabitants  of  the  town  site,  including 
the  survey  of  the  land  into  lots,  according  to  the  spirit  and 
intent  of  said  section  twenty-three  hundred  and  eighty-seven 
of  the  Revised  Statutes,  whereby  the  same  result  would  be 
reached  as  though  the  entry  had  been  made  by  a  county  judge 
and  the  disposal  of  the  lots  in  such  town  site  and  the  proceeds 
of  the  sale  thereof  had  been  prescribed  by  the  legislative  au- 
thority of  a  State  or  Territory;  Provided,  That  no  more  than 
six  hundred  and  forty  acres  shall  be  embraced  in  one  town- 
site  entry. 


V 


PUBLIC   LANDS   NON-MINERAL. 


87 


Sec.    12.    That   any   citizen   of  the   United   States   twenty-one 
years   of  age,  and  any    association   of  such    citizens,    and   any 
corporation  incorporated  under  the  laws  of  the  United   States, 
or  of  any  State  or  Territory  of  the  United  States  now  author- 
ized by  law  to  hold    lands  in  the    Territories    now  or  hereafter 
in    possession    of   and   occupying   public    lands   in     Alaska    for 
the   purpose   of   trade   or  manufactures,    may   purchase   not   ex- 
ceeding   one  hundred  and    sixty  acres,  to  be    taken  as  near  as 
practicable  in  a  square  foim,   of  such  land  at  two  dollars  and 
fifty   cents   per   acre:    Provided,    That    in    case   more   than    one 
person,   association,   or   corporation   shall   olaim  the   same   tract 
of  land  the  person,  association,  or  corporation  having  the  prior 
claim   by  reason   of  possession   and  continued  occupation  shall 
be  entitled  to  purchase  the  same;   but  the  entry  of  no  person, 
association,    or    corporation    shall    include    improvements    made 
by  or  in  possession  of  another  prior  to  the  passage  of  this  act. 
Sec.    13.    That  it  shall  be  the  duty  of  any  person,  associa- 
tion,   or   corporation   entitled   to   purchase   land   under   this   act 
to   make  an  application  to  the  United  States   marshal,   ex  offi- 
cio  surveyor-general  of  Alaska,  for  an   estimate  of  the  cost  of 
making   a    survey   of  the   lands    occupied   by    such   person,    as- 
sociation,   or   corporation,    and    the   cost   of  the    clerical    work 
necessary  to  be  done  in  the  office  of  the  said  United  States 
marshal,    ex    officio    surveyor-general;    and    on    the    receipt    of 
such  estimate  from  the   United   States  marshal,   ex  officio   sur- 
veyor-general,    the    said     person,     association,     or     corporation 
shall   deposit  the   amount   in  the   United   States  depository,   as 
is  required  by  section  numbered  twenty-four  hundred  and  one, 
Revised   Statutes,   relating  to  deposits  for  sur\-eys. 

That  on  the  receipt  by  the  United  States  marshal,  ex  officio 
surveyor-general,  of  the  said  certificates  of  deposit,  he  shall 
employ  a  competent  person  to  make  such  survey,  under  such 
rules  and  regulations  as  may  be  adopted  by  the  Secretary  of 
the  Interior,  v/ho  .shall  make  his  return  of  his  field-notes  and 
maps  to  the  office  of  the  said  United  States  marshal,  ex  offi- 
cio surveyor-general;  and  the  said  United  States  marshal,  ex 
officio  surveyor-general,  shall  cause  the  said  field-notes  and 
plats  of  such  survey  to  be  examined,  and  if  correct,  approve 
the  same,  and  shall  transmit  certified  copies  of  such  maps  and 
plats  to  the  office  of  the  Commissioner  of  the  General  Land 
Office. 


.*   !' 


^ 


ALASKA- 


That  when  the  said  field  notes  and  plats  of  said  survey 
shall  have  been  approved  by  the  said  Commissioner  of  the 
General  Land  Office,  he  shall  notify  such  person,  association, 
or  corporation,  who  shall  then,  within  six  months  after  such 
notice,  pay  to  the  said  United  States  marshal,  ex  officio  sur* 
veyor-general,  for  such  land,  and  pateat  shall  issue  for  the 
same. 

Sec.  14.  That  none  of  the  provisions  of  the  last  two  preced- 
ing sections  of  this  act  shall  be  so  construed  as  to  warrant 
the  sale  of  any  lands  belonging  to  the  United  States  which 
shall  contain  coal  or  the  precious  metals,  or  any  town  site,  or 
which  shall  be  occupied  by  the  United  States  for  public  pur- 
poses, or  which  shall  be  reserved  for  such  purposes,  or  to 
which  the  natives  of  Alaska  have  prior  rights  by  virtue  of 
actual  occupation,  or  which  shall  be  selected  by  the  United 
States  Commissioner  of  Fish  and  Fisheries  on  the  islands  of 
Kadiak  and  Afognak  for  the  purpose  of  establishing  fish-cul- 
ture stations.  ^And  all  tracts  of  land  not  exceeding  six  hun- 
dred and  forty  acres  in  any  one  tract  now  occupied  as  mission- 
ary stations  in  said  district  of  Alaska  are  hereby  excepted  from 
the  operation  of  the  last  three  preceding  sections  of  this  act. 
No  portions  of  the  island  of  the  Priblov  Group  or  the  Seal 
Islands  of  Alaska  shall  be  subject  to  sale  unaer  this  act;  and 
the  United  States  reserves,  and  there  shall  be  reserved  in  all 
patents  issued  under  the  provisions  of  the  last  two  preceding 
sections  the  right  of  the  United  States  to  regulate  the  taking 
of  salmon  and  to  do  all  things  necessary  to  protect  and  pre- 
vent the  destruction  of  salmon  in  all  the  waters  of  the  lands 
granted   frequented    by    salmon. 

Sec.  IS-  That  until  otherwise  provided  by  law  the  body  of 
lands  known  as  Annette  Islands,  situated  in  Alexander  Archi- 
pelago in  southeastern  Alaska,  on  the  north  side  of  Dixon's 
Entrance,  be,  and  the  same  is  hereby,  set  apart  as  a  reserva- 
tion for  the  use  of  the  Metlakahtla  Indians,  and  those  people 
known  as  Metlakahtlans  wh^  have  recently  emigrated  from 
British  Columbia  to  Alaska,  and  such  other  Alaskan  natives 
as  may  join  them,  to  be  held  and  Uised  by  them  in  common, 
under  such  rules  and  regulations,  and  subject  to  such  restric- 
tions, a«  may  be  prescribed  from  time  to  tim<^  by  the  Secretary 
of  the  Interior. 

Pursuant  to  these  prv> visions,   I  have  prepared  the  following 


rules  a 
ex  offic 
ister  an 
under  s 
ferred  t 
tions  as 
them  ui 
shall    fir 
in   conm 
manufaci 
I.    Af 
person   c 
authorize 
The  appl 
land  souj 
geographi 
mate    vaj 
previously 
a  copy  of 
Pany  the 
tains    neit 
such  state 
cation    in< 
another,    p 
elude  any 
by    virtue 
portion  of 
tions,  or  a 
for  public 
sioner  of  : 
under   the 
verified    by 
2.     If.    u 
by   the   ex 
cants  with 
one  for  ofi 
necessary 
careful  to  e 
sity  for  ado 
.r     Upon 
>n   a   propc: 


^ill] 


PUBLIC   LANDS   NON-MINERAL. 


89 


rules  and  regulations  for  the  observance  and  direction  of  the 
ex  officio  surveyor-general  of  said  Territory,  the  ex  officio  reg- 
ister and  receiver  of  the  Sitka  land  office,  the  trustees  appointed 
under  said  provisions,  and  all  other  officials  mentioned  or  re- 
ferred to  herein,  and  such  persons,  associations,  and  corpora- 
tions as  desire  to  take  advantage  of  the  rights  guaranteed  to> 
them  under  the  provisions  of  said  act,  and  for  convenience  i 
shall  first  develop  the  mode  of  procedure  and  re(iuirement» 
in  connection  with  entries  made  for  purposes  of  trade  and 
manufactures,  to  wit: 

1.  Applications  ior  surveys  must  be  made  in  writing,  ijy  the 
person  entitled  to  purchase  land  under  said  act,  or  by  the 
authorized  agent  of  the  association  or  corporation  so  entitled. 
The  application  must  particularly  describe  the  character  of  the 
land  sought  to  be  surveyed,  and,  as  accurately  as  possible,  its- 
geographical  position,  with  the  character,  extent,  and  approxi- 
mate value  of  the  improvements.  If  a  private  survey  had 
previously  been  made  of  the  land  occupied  by  the  applicant, 
a  copy  of  the  plat  and  field-notes  of  such  survey  should  accom- 
pany the  application,  which  must  also  state  that  the  lana  coxi- 
tains  neither  coal  nor  the  precious  metals,  with  reasons  for 
sueh  statement;  that  no  part  of  the  land  described  in  the  appli- 
cation includes  improvements  made  by  or  in  possess  ^."  of 
another,  prior  to  the  passage  of  said  act;  that  it  does  not  in- 
clude any  land  to  which  natives  of  Alaska  have  prior  rights,. 
by  virtue  of  actual  occupation;  that  it  does  not  include  a 
portion  of  any  town  site,  or  lands  occupied  by  missionary  sta- 
tions, or  any  lands  occupied  or  reserved  by  the  United  States 
for  public  purposes,  or  selected  by  the  United  States  Commis- 
sioner of  Fish  and  Fisheries,  or  any  lands  reserved  from  sale 
under  the  provisions  of  this  act.  These  statements  must  be 
verified   by  affidavit. 

2.  If,  upon  examination,  the  application  shall  be  approved 
by  the  ex  officio  surveyor-general,  he  will  furnish  the  appli- 
cants with  two  separate  estimates,  one  for  the  field  work,  and 
one  for  office  work,  the  latter  to  include  clerk  hire  and  the 
necessary  stationery.  The  ex  officio  surveyor-general  will  be 
careful  to  estimate  adequate  sums  in  order  to  avoid  the  neces- 
sity tor  additional  deposits. 

3.  Upon  receiving  such  estimates,  applicants  may  deposit 
in   a   proper    United    States    depository,    to    the    credit    of    the 


rj 


i 


90 


ALASKA. 


Treasurer  of  the  United  States,  on  account  of  surveying  the 
public  lands  in  Alaska,  and  expenses  incident  thereto,  the 
sums  so  estimated  as  the  total  cost  of  the  survey,  including 
field  and  ofHce  work. 

4.  The  original  certificate  must  in  every  case  be  forwarded 
to  the  Secretary  of  the  Treasury,  the  duplicate  to  the  ex  officio 
surveyor-general,  the  triplicate  to  be  retained  by  the  applicant 
as  his  receipt. 

5.  The  triplicate  certificate  of  deposit  will  be  receivable  in 
payment  to  the  extent  of  the  amount  of  such  certificate,  for  the 
land  purchased,  the  surveying  of  which  is  paid  for  out  of  such 
deposit,  as  provided  in  section  2403  of  the  Revised  Statutes. 
(See  par.  9,  post.) 

6.  Where  the  amount  of  the  certificate  or  certificates  is  lesn 
than  the  value  of  the  lands  taken,  the  balance  must  be  paid  in 
cash.  But  where  the  certificate  is  for  an  amount  greater  than 
the  cost  of  the  land,  and  is  surrendered  in  full  payment  for 
such  land,  the  United  States  marshal,  ex  officio  surveyor* 
general,  will  indorse  on  the  triplicate  certificate  the  amount  for 
which  it  is  received,  and  will  charge  the  United  States  with 
that  amount  only.  There  is  no  provision  of  law  authorizing 
the  issue  of  duplicate  certificates  for  certificates  lost  and  de- 
stroyed. 

7.  Where  the  amount  of  the  deposit  is  greater  than  the  cost 
of  survey,  including  field  and  office  work,  the  excess  is  repay- 
able, as  under  the  provisions  of  section  2403  of  the  Revised 
Statutes,  upon  an  account  to  be  stated  by  the  ex  officio 
surveyor-general,  who  will  in  all  cases  be  careful  to  express 
upon  the  plats  of  each  survey  the  amount  deposited  as  the 
cost  of  survey  in  the  field  and  office  work,  and  the  amount  to 
be  refunded  in  each  case.  No  provision  of  law  exists,  however, 
for  refunding  to  other  than  the  depositor. 

S.  Before  transmitting  accounts  for  refunding  excesses,  the 
ex    officio    surveyor-general     will     indorse    on    the    back   of   the 

triplicate   certificate   the   following:    "$ refunded   to   

,  by  account  transmitted  to  the  General  Land  Office  with 

letter  dated  ,**  and  will  state  in  the  account  that  he  has 

made  such  indorsement.  Where  the  whole  amount  deposited 
is  to  be  refunded,  the  ex  officio  surveyor-general  will  require 
the  depositor  to  surrender  the  triplicate  certificate,  and  will 
transmit  it  to  this  office  with  the  account. 


9.    ' 
amendi 
relating 
not  ap 
under  ; 
statute 
ment,    ] 
of    the 
triplicat 
positors 
10.    1 
been   de 
of  the  e: 
advance 
to   pay   t 
^inarterly 
upon  bla: 
n.    Tt 
to   the  cr 
ment  of  1 
the  surve 
fice,  and 
^or   paym( 
12.     Th 
class    of   J 
owing  to 
in   many  < 
distance  b 
ffeneral, 

spondence. 

point  as  m 

for  the     p, 

required  to 

dollars  ($5, 

the  instruc 

fice  and  th 

of  Alaska, 

in    pursuan 

surveyor,   _ 

States  mars 

and    instruc 


\ 


PUBLIC   LANDS   NON-MINERAL. 


91 


9.  The  provisions  of  section  2403  of  the  Revised  Statutes,  as 
amended  by  the  act  of  March  3,  1879  (20  Stat,  at  Large,  p.  352), 
relating  to  the  assignment  of  certificates  by  indorsement,  are 
not  applicable  to  certificates  of  deposits  for  surveys  in  Alaska 
under  said  act  of  March  3,  1891,  for  the  reason  that  the  former 
statute  contemplates  the  use  of  the  certificates,  after  assign- 
ment, by  settlers  under  the  pre-emption  and  homestead  laws 
of  the  United  States  and  not  otherwise.  Therefore,  these 
triplicate  certificates  can  only  be  used  by  the  respective  de- 
positors in  payment  for  lands  in  Alaska. 

10.  The  amount  shown  on  the  face  of  the  certificate  to  have 
been  deposited  for  "ofiice  work"  will  be  placed  to  the  credit 
of  the  ex  officio  surveyor-general,  and,  upon  his  requisition,  an 
advance  will  be  made  to  him  from  the  Treasury  Department 
to  pay  the  expenses  of  said  "office  work."  He  will  render 
riuarterl>  accounis  of  such  funds  to  the  General  Land  Office 
upon  blanks  furnished  him  for  that  purpose. 

11.  The  amount  deposited  for  "field  work"  will  be  placed 
to  the  credit  of  said  work,  and  will  be  expended  in  the  pay- 
ment of  the  surveying  accounts  of  the  deputy  surveyors,  when 
the  surveys  are  accepted  and  the  accounts  adjusted  in  this  of- 
fice, and  transmitted  to  the  First  Comptroller  of  the  Treasury 
for   payment   from  said   deposits. 

12.  The  contract  system  is  not  deemed  applicable  to  the 
class  of  surveys  contemplated  by  said  act  of  March  3,  1891, 
owing  to  the  small  amounts  which  will  doubtless  be  involved 
in  many  of  the  surveys,  and  particularly  in  view  of  the  great 
distance  between  this  office,  and  that  of  the  ex  officio  surveyor- 
general,  and  the  consequent  inconvenient  delays  in  corre- 
spondence. The  ex  officio  surveyor-general  will  therefore  ap- 
point as  many  competent  deputy  surveyors  as  may  be  necessary 
for  the  prompt  execution  of  the  surveys,  who  will  each  be 
required  to  enter  into  a  bond  in  the  penal  sum  of  five  thousand 
dollars  ($5,000)  for  the  faithful  execution,  according  to  law  and 
the  instructions  of  the  Commissioner  of  the  General  Land  Of- 
fice and  the  United  States  marshal,  ex  officio  surveyor-general 
of  Alaska,  of  all  surveys  which  are  required  of  him  to  be  made 
in  pursuance  of  his  appointment  as  United  States  deputy 
surveyor,  and  for  the  return  of  said  surveys  to  the  United 
States  marshal,  ex  officio  surveyor-general,  as  required  by  law 
and   instructions.    The   bonds,    in   duplicate,    will   be   forwarded 


0  ■ 


92 


ALASKA. 


for  acceptance  by  this  office.  Upon  appointment,  the  deputy 
must  take  the  oath  of  office  required  by  section  2223  of  the  Re* 
vised  Statutes. 

13.  When  the  duplicate  certificates  of  deposit  of  the  amounts 
estimated  for  field  and  office  work,  shall  have  been  received  by 
the  ex  officio  surveyor-general,  the  requisite  instructions  for 
the  surveys  and  making  returns  thereof  will  be  issued  to  the 
deputy  surveyor  who  may  be  designated  to  do  the  work.  The 
amount  of  compensation  to  the  deputy  surveyor  mus^  be  stated 
in  the  instructions  and  the  same  must  not  exceed  the  amount 
deposited  for  the  field  work.  The  land  to  be  surveyed  under 
any  one  application,  can  not  exceed  one  hundred  and  sixty 
acres,  and  it  must  be  in  one  compact  body,  and  as  nearly  in 
square  form  as  the  circumstances  and  configuration  of  the 
land  will  admit. 

I.'.  The  instruments  used  in  the  execution  of  these  surveys 
should  be  the  same  as  those  required  for  subdivisional  surveys 
of  public  lands  (see  paragraph  6,  page  18  of  Manual),  or  an 
engineer's  transit  of  approved  make,  and  must  be  registered 
and  tested  at  the  ex  officio  surveyor-general's  office,  previous 
to  the  deputy  commencing  work,  as  directed  in  paragraph  7, 
page  19  of  Manual. 

IS.  The  surveys  will  be  numbered  consecutively,  beginning 
with  number  one.  The  true  magnetic  variation  must  be  noted 
at  the  beginning  point  of  each  survey,  as  well  as  any  marked 
changes  during  the  progress  of  the  work,  and  at  the  end  of 
each  line  of  the  survey  the  character  of  the  soil,  and  the 
amount  of  timber,  etc.,  must  be  noted  at  the  end  of  the  record 
thereof.  The  requirements  in  the  "summary  of  objects  and 
data  required  to  be  noted,"  as  set  forth  in  the  instructions  for 
the  survey  of  public  lands  (Revised  Manual  of  Surveying  In- 
structions, dated  December  2,  iS8g,  pages  44  and  45),  must  be 
observed  by  the  deputy  in  these  surveys.  All  corners  must  be 
marked  by  stone  monuments,  containing  not  less  than  1,728 
cubic  inches.  At  the  beginning  point  upon  the  outboundaries 
of  each  tract  surveyed,  a  corner  must  be  established  with  two 
pits  (when  practicable)  of  the  size  required  for  standard  town- 
ship corners,  one  upon  each  side  of  the  corner  on  the  line, 
and  six  feet  distant.  Upon  the  side  of  such  corner  facing  the 
claim,  the  stone  will  be  marked  "S.  No.--"  (for  survey  No.—), 
and     immediately   under     the    same,    the    letters    "Beg.    Cor.    I" 


(for 
deepl 
the    1 
sever; 
of  th« 
side   i 
\o.    i 
fore  p 
tacli   c 
to  tho 
may  bi 
cial   wi 
distanc 
more  ti 
venieiit 
structio: 
^''jjects 
underne 
case  ma 
16.    Y 
tJie  froni 
high-wat< 
at  such 
PosaJ,    aJ 
At     the 
mark,   on 
Manual  f 
six   feet    ( 
a  mound 
mound   to 
base),   mu 
ticable,  if 
covered    w 
^e   will    b< 
ered  with 
quired   by 
ners.      Bq, 

established 
aries    of  th 

common  to 

17.    The 


l'Ul'.I-[C    LANDS    NO N -MINERAL. 


93 


|o. — )f 
I" 


(for  beginning  corner  one).  These  marks  must  be  neatly  and 
deeply  cut,  for  the  sake  of  legibility  and  permanence.  From 
the  beginning  corner  the  deputy  will  proceed  to  survey  the 
several  lines  of  the  tract,  in  accordance  with  the  instructions 
of  the  ex  officio  surveyor-general,  marking  each  corner  on  the 
side  facing  the  claim  with  number  of  the  survey,  and  "Cor. 
No.  li,"  "Cor.  No.  Ill,"  etc.,  with  pits  of  the  size  hereinbe- 
fore prescribed,  upon  the  lines  closing  upon  and  starting  from 
each  corner  and  six  fett  distant.  Such  other  marks,  in  addition 
to  those  above  described,  will  be  placed  upon  the  corners,  as 
may  be  required  by  the  ex  officio  surveyor-general  in  his  spe- 
cial written  instructions.  As  far  as  practicable,  bearings  and 
distances  must  be  taken  from  each  of  the  corners  to  two  or 
more  trees,  or  prominent  natural  objects,  if  any,  within  a  con- 
venient distance,  in  the  same  manner  as  required  in  the  in- 
structions for  the  survey  of  public  lands,  and  such  trees  or 
objects  must  be  marked  with  the  number  of  the  survey  and 
underneath  the  same  the  letters  "li.  T."  or  "B.  O."  as  the 
case   may   be. 

i6.  \\  here  a  tract  to  be  surveyed  fronts  upon  tide- water, 
the  ironi  cr  meander  line  of  the  tract  will  be  run  at  ordinary 
high-water  mark,  and  the  side  lines  of  the  tract  will  terminate 
at  such  high-water  mark,  thus  excluding  from  survey  and  dis- 
posal, all  lands  situated  between  high  and  low-water  marks. 
At  the  corners  marking  the  termini  of  lines  at  high-water 
mark,  one  pit  only  will  be  dug,  of  the  size  pre.scribed  in  the 
Manual  for  meander  corners,  on  the  side  toward  the  land  and 
six  feet  distant.  At  all  corners  where  pits  are  impracticable, 
a  mound  of  stone  (consisting  of  not  less  than  four  stones,  the 
mound  to  be  at  least  one  and  a  half  feet  high  with  two  feet 
base),  must  be  constructed  and  in  cases  where  pits  are  prac- 
ticable, if  the  deputy  prefers  raising  a  mound  of  stone,  or  stone 
covered  with  earth,  as  more  likely  to  perpetuate  the  corner, 
he  will  be  permitted  to  do  so.  For  a  mound  of  stone  "cov- 
ered with  earth,"  the  height  and  base  will  be  the  same  as  re- 
quired by  the  Manual  for  a  mound  of  earth  for  township  cor- 
ners. Boundaries  or  portions  :  f  boundaries  of  previously 
established  surveys,  which  also  iotm  a  portion  of  the  bound- 
aries of  the  claim  to  be  survey  r"-],  v^ill  be  adopted  so  far  as 
common  to  both  surveys. 

17.    The  proper  blank  books  for  field-notes  will  be  furnished 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


1.1 


1.25 


Ui  ^    12.2 


ffiolDgrapljic 

Sdences 

Corporation 


73  WKT  MAIN  STRUT 

WliSTIR.N.Y.  14S«0 

(716)  •72-4S03 


r 


.^ 


?^ 


94 


ALASKA. 


by  the  ex  officio  surveyor-general,  and  in  such  books  the  deputy 
surveyor,     official     plat     will     be     prepared     in     iriplicate,     the 
everything    officially  done    and    observed    by  himself    and   his 
assistants  pursuant  to  instructions  in  relation  to  running,  meas- 
uring,  and  marking  lines,  and  establishing  corners,  and  present 
as  far  as  possible,  a  full  and  complete  topographical  description 
of   the    tract    surveyed.    From    the    data    thus    recorded    at    the 
time  when  the  work  is  done  on  the  ground,  the  deputy   must 
prepare   the   true   field-notes   of   the    surveys    executed   by    him, 
and  return  the  same  to  the  ex  officio  surveyor-general   at   the 
earliest   practicable   date,    after   the   completion   oi    his    work   in 
the  field.    The  true  field-notes  are  in  no  case  to  be  made  out 
in  the  office  of  the  ex  officio  surveyor-general.    The  true  field- 
notes  and  the  transcript  field-notes  for  this  office  must  be  writ- 
ten in  a  bold,   legible  hand,  in  durable   black  ink,  upon   paper 
of  foolscap   size.    Each  survey  will   be  complete   in   itself.    The 
first  or  title  page  of  each  set  of  field-notes  is  to  describe  the 
subject-matter  of  the  same,  the  locus  of  the  survey,  by  whom 
surveyed,   the    date    of    the    instructions,    and    the   dates    of    the 
commencement  and   completion   of    the   work.     A  general   de- 
scription of  each  tract  must  be  given  at  the  end  of  the  tield- 
notes  of  the  survey  of  the  same,  which  description  must  em- 
brace a  brief  statement  of  the  main  features  of  the  tract  sur- 
veyed, character  of  the  land,  timber,  and  other  natural  growth, 
v;hether  there  are  any  indications  ot  mineral,  characteristics  of 
mountains,  streams,   etc.,  and  the  extent  and  character  of  the 
improvements.    All  facts  relative  to  the   present   occupancy   of 
the   land   must   be   particularly   noted.    In    preparing   the    true 
field-notes   of   the   survey,    the   form   prescribed   in   the    Manual 
will  be  followed  as  nearly  as  practicable.    The  names  of  assist- 
ants,  with   duties   assigned   to   each,   and   the   preliminary   and 
final  oaths  of  assistants,  and  final  oath  of  the  deputy,  mu3t  be 
attached  to   the   field-notes   of   each    survey.     The   deputy    sur- 
veyor must  return  with  the  field-notes  a  topographical  map  or 
plat  of  the  survey.    As  far  as  practicable  all  objects  described 
in  the  field-notes  and  the  main  features  of  the  tract  surveyed, 
including  location  of  buildings,  streams,  mountains,  etc.,  must 
be   protracted  upon   such   plat  as  accurately  as   possible.    The 
course  and  length  of  each  line  will  be  expressed  upon  the  plat. 
The  deputy  will  note  all  objections  ^o  his  survey  that  may  be 
brought  to  his  knowledge,  and  the  ex  officio  surveyor-general 


PUBLIC   LANDS   XOX-MINERAL. 


95 


will  promptly  report  to  ihis  office  all  complaints  made  to  him, 
and  send  up  all  protests  filed  in  his  dffice,  together  with  a  full 
report  thereon. 

18.  From  the  plat  and  field-notes  submitted  by  the  deputy 
surveyor,  the  official  plat  will  be  prepared  in  triplicate,  the 
original  to  be  retained  in  the  office  of  the  ex  officio  surveyor- 
general,  the  duplicate  to  be  forwarded  to  this  office,  and  the 
triplicate,  after  notice  of  approval  by  the  Commissioner,  to  be 
filed  in  United  States  district  land  office.  All  plats  of  these 
surveys  must  be  made  upon  drawing  paper  of  the  best  quality, 
and  of  uniform  size,  19  by  24  inches  (the  size  used  for  town- 
ship  plats  of  public  land  surveys).  Upon  each  plat  will  be 
.placed  an  appropriate  title  and  the  certificate  of  approval  by 
ex  officio  s*trveyor-general.  The  title  will  be  placed  upon  the 
upper  right-haiid  corner  of  the  plat.  Immediately  below  will 
be  placed  the  ex  officio  surveyor-general's  approval,  with  suffi- 
cient space  on  the  lower  right-hand  corner  for  the  Commis- 
sioner's approval.    In  all   cases  where   the  tracts   are   bounded 

.  in  part  by  meanders,  a  table  of  the  courses  and  distances  of 
such  meanders  will  be  placed  upon  the  plat.  When  the  claim 
approaches  one  hundred  ana  sixty  acres  in  extent,  the  plat 
may  be  protracted  upon  a  scale  of  five  chains  to  one  inch. 
For  surveys  of  smaller  extent  the  scale  may  be  suitably  in- 
creased. A  Cicar  margin  two  inches  in  width  should  be  !ctt 
upon  all  sides  of  each  plat.  The  magnetic  declination  must  be 
indicated  upon  the  plats;  also  the  scale  ot  protraction.  The 
use  of  all  fluids,  except  a  preparation  of  India  .ink  of  Rood 
quality,  must  be  avoided  by  the  draughtsman  in  the  delinea- 
tion of  these  surveys.  All  lines,  figures,  etc.,  must  be  sharply 
defined.  All  lettering  on  the  plats  must  be  clear  and  sharp  in 
outline  and  design,  and  ornamentation  of  any  kind  is  pro- 
hibited. 

19.  One  copy  of  the  instructions  to  the  deputy  must  be  for* 
warded  with  the  returns  of  survey,  and  one  copy  must  accom- 
pany the  account  of  the  deputy.  The  returns  and  accounts  will 
be  forwarded  with  separate  letters  of  transmittal. 

ao.  The  survey  having  been  approved,  it  shall  be  the  duty 
of  such  person,  association,  or  corporation,  within  six  months 
after  notice  thereof,  to  apply  in  writing  to  the  United  States 
court  commissioner,  ex  officio  register  of  the  Sitka  land  office, 
to  make  proof  and  entry,  in  due  form,  reciting  the  name  of  the 


ALASKA. 


party  who  will  make  the  entry,  the  name  and  geographical 
location  of  the  land  applied  for,  the  place  and  date  of  making 
proof,  and  the  names  of  four  witnesses  by  whom  it  is  proposed 
to  establish  the  right  of  entry.  This  notice  will  be  published 
by  said  commissioner  once  a  week  for  six  consecutive  weeks 
at  the  applicant's  expense,  in  a  newspaper  published  nearest 
to  the  land  applied  for.  Copies  of  said  notice  must  be  posted 
in  the  office  of  the  ex  officio  register,  and  in  a  conspicuous 
place  upon  the  land  applied  for,  for  thirty  days  next  preced- 
ing the  date  of  making  proof.  The  required  proof  shall  con- 
sist of  the  affidavits  of  the  applicant  and  two  of  the  published 
witnesses,   and  shall  show: 

First.    The  actual  use  and  occupancy  of  the  land  as  a  trad- 
ing post  or  f9r  manufacturing  purposes. 

Second.    The  date  when  the  land  was  first  so  occupied. 
.'Ihird.    The  number  of  inhabitants  and  character  and  value 
of  improvements  thereon,  and  the  annual  value  of  the  trade  or 
business  conducted  upon  the  land. 

Fourth.    The  non-mineral  character  of  the  land  as  prescribed  . 
in  said  act. 

Fifth.  That  no  portion  of  the  land  applied  for  is  occupied  or 
reserved  for  any  purpose  by  the  United  States,  or  occupied  or 
claimed  by  any  natives  of  Alaska,  or  occupied  as  a  town  site 
or  missionary  station,  and  that  the  tract  does  not  include  im- 
provements made  by  or  in  possession  of  another  person,  asso- 
ciation, or  corporation  prior  to  the  passage  of  said  act. 

Sixth.  If  the  entry  is  made  for  the  benefit  of  an  individual, 
he  must  likewise  prove  his  citizenship  or  file  record  evidence 
of  his  declaration  of  intention  to  become  a  citizen. 

Seventh.  If  the  entry  is  made  for  the  benefit  of  an  asso- 
ciation, that  and  the  further  fact  that  over  ao  per  cent  of  the 
stock  of  the  association  is  not  held  by  aliens,  must  be  estab- 
lished by  the  certificate  of  the  secretary  of  the  association. 

Eighth  If  the  entry  is  made  for  the  benefit  of  a  corpora- 
tion, that  must  be  established  by  the  certificate  of  the  secretary 
of  the  State  of  Oregon,  or  any  other  officer  having  custody 
of  the  record  of  incorporation,  and  the  further  fact  that  over 
twenty  per  cent  of  the  stock  of  such  incorporated  company 
is  not  held  by  aliens,  must  be  established  by  the  certificate  of 
ihe  secretary  of  the  company. 

Ninth.    Proof  of  publication  of  notice  for  the  required  time, 


consii 

panie( 

certifi( 

notice 

the  no 

of  pos 

specific 

at. 
factory 
the  cer 
respecti 
to  this 
have  be 
will  isst 

22.      I 

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tion,   an; 

tion,   or 

allowanci 

permitted 

the  comp 

sJdered  b; 

action  tal 

desire  to 

testimony 

own   beha 

sworn  and 

that  the  c 

the  claima 

I  promise,  b 

<Jeterminatf 

P^'H  immed 

I  a  time  and 

I  the  interest 

U  fair  oppoi 

I  the  prinoipi, 

jseribed  by  t 

Iters  and  rec 

■the  case,  or 

lofficers   win 

F  all  parties 


fl7 


P««d  by  .    tp;!,*";"  "'  JJ«  publisher  .„  «,.,  ..    ,  " 

certificate  of  the  .!    ™  .""''"•fced  notice    t„..u"'  "««"»• 

»°««  in  hi    office   .°?t  "*""  "  "'  thf^T  *'■"'  "« 
"le  notice  upon  ih!'  i  ^  **  *«*'»*»  of  the  „ti^'""«  «'  "-e 

specified  ti,^  h.    V'"  •"<•  «h«t  the  jZ!  ?  *«  *««  "d  d.te 
«•    When   ttr;:*^;"?  "<»"'«S.       °"  ~  ""«»«'  '«r  th, 

""e  b.i„  mide^n'' '°"!1''  '"  "«  «>"Pl«e  ^  ?!  '""'""ed 

**•    If  Upon   the  /I.  paient 

ment  for  any  tract  of  1^*^'"*"^  '°'  ««Wng  proof  .„^ 

t'on.   any   other  n^r-  ^^  *  P«"on.  assoef«fj  "*^  P^^" 

t'-on.   or  corpom^"^"'   °'  '^*  '«Presentat!vl  n?'  ^^  "°'P°'«- 

allowance  of  the  °";  '^^'"^^  ^^^^  and    pr^U    *"^  *«»ocia- 

Permitted  to  crots!     '''.  """^  P^^^'tant  shou  d   k  T'°''    *h« 

«d«red  b'^  tSe  «  officio  "''"  *'""'  ^«--5oped  wni^KlT,"'  «"<> 
action  taken  as  ffc!  '****'«'  and  survevo,  „        *  ^^^^^  ^on- 

testimony  of  wft '  «  .'°*°  *  <^o«test  so  asfo  •  P'^'estant 
o^n  behalf  i,r^'**  ^^^^^  for  the  r?!  °  introduce  the 
«-or„  a  J;^^;^^^^^  be  req„iredX  t,7T"'  "^  '"  h« 
that  the  comr,?  °"*^**  "atement  of  his  ^n1  ^®^*"  '°   A^*  a 

^'^  «^--rT„d%rt;r;"^*««-'  '-'^e^urSt^of^h^^"^  -^ 
P'omi.e.  but  in  ioodS^,"*-*^  ^-nf  hT^unier  7"'»» 
<JeterminatIon-  «mi   *i.-  *°    Prosecute    th*  .,  *  *^°*n- 

,-•"  'mmediatdy  orol"  *'"'^"^'*  ^^^"^  filed  tJ!™'  !?  *  «»*' 
^  time  and   nS^/r    *?  *°  ^^termine  the  ^nl^     '*'**  °^<^<^" 

the  interested  „!1:'  '^*^  ^««'^nff  of  th? /"'^''^"y'  A^'ng 
h  fa«>  o^porfui^tT;"'  ^'"'"»  «»«h  the  usualTr"'  *^'^'"^«  o^ 

the  pril^iXsTi   ""  **"»'"'  *heir  interel    :"°**'*  *''^'«°'  and 

•cribed  by  the  Lr/"**  ^^^^'^^  «PPl  rbfe  to  .r^'^*"^*  '^^th 

lAe  case   T^    ^  **'  °*«»«'  local  ^nd  ^^      "*•*•  ^^^^re  reri,. 

r  «"  parties  in  i!r*      **'  '***^«'on  in  wriSn*       "  P*'™'*'  «aid 
I  '  '"  '"*«•••*  thereof.  .„d  .TlL   *    «"'  ^"*  "««<^e 

*  7  •  *■'"*«  practicable 


98 


ALASKA. 


date  forward  the  papers  to  this  office  together  with  any  appeal 
that  may  have  been  filed  from  their  decision.  Appeals  from 
the  action  of  this  office  will  lie  to  the  Secretary  of  the  Interior, 
as  in  other  matters  of  like  character. 

ata.  All  town-site  entries  in  said  Territory  are  to  be  made 
by  trustees*  to  be  appointed  by  the  Secretary  of  the  Interior, 
according  to  the  spirit  and  intent  of  section  2387,  United  States 
Revised  Statutes,  which  section  provides  that  the  entries  of 
land  for  such  purposes  are  to  be  made  in  trust  for  the  several 
use  and  benefit  of  the  occupants  thereof,  according  to  their 
respective  interests,  and  at  the  minimum  price,  which  in  these 
cases  shall  be  construed  to  mean  $1.35  per  acre.  When  the  in- 
habitants of  a  place  and  their  occupations  and  requirements  con- 
stitute more  than  a  mere  trading  post,  but  are  less  than  one 
hundred  in  number,  the  town-site  entry  shall  be  restricted  to 
one  hundred  and  sixty  acres;  but  where  the  inhabitants  are  in 
number  one  hundred  and  less  than  two  hundred,  the  town-site 
entry  may  embrace  any  area  not  exceeding  three  hundred  and 
twenty  acres;  and  in  cases  where  the  inhabitants  number  more 
than  two  hundred,  the  town-site  entry  may  embrace  any  area 
not  exceeding  six  hundred  and  forty  acres.  It  will  be  observed 
that  no  more  than  six  hundred  and  forty  acres  shall  be  em- 
braced in  one  town-site  entry  in  said  Territory. 

The  system  of  public  surveys  not  having  been  extended  over 
any  portion  of  the  Territory  of  Alaska,  and  no  provision  being 
made  in  said  act  for  the  payment  of  the  cost  of  officially  mak- 
ing a  special  survey  of  the  exterior  lines  of  the  town  site?  to  be 
entered  thereunder,  it  becomes  necessary  for  the  occupants  of 
any  town  site  in  said  Territory,  as  a  prerequisite  to  having  an 
entry  made  of  the  land  claimed  by  them,  to  proceed  in  the 
same  manner  and  form  to  secure  the  special  survey  of  the 
land,  as  above  prescribed  for  applicants  for  lands  in  said 
Territory  for  trade  and  manufacturing  purposes.  To  that  end 
the  rules  above  set  forth  and  numbered  one  to  nineteen,  inclu- 
sive, are  hereby  made  applicable  in  manner,  form,  and  detail, 
to  such  occupants  or  their  agent  in  applying  for  and  securing 
the  execution  of  the  special  survey  of  the  outboundaries  of 
such  town  sites,  the  occupants  or  agents  to  be  reimbursed  foi 
the  money  thus  expended  as  hereinafter  provided. 

"04.    6  May,  1895.    The  fee-simple  title  to  certain  real  estate  | 
in  the  towns  of  Sitka  and  Kodiak  was  conferred  under   Rus- 


be 
at 

by 

anc 

stii, 

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notii 

ceipt 

survc 

by  h: 

title 

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bound 

date  c 

notify 

right 

*>y  att 

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parties 

a  case, 

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«ach   in 

taken 

submitt 

same, 
and  evic 
warded 
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shal.   ex 

hereinaft 

"It  St 

mately  fi 

Wocks  in 


PUBUC  LAm^  J^ON-MINEK^L 


«  I««.,  S3S.);  other  r«^    °    ""  ^'"'«'<"  »'  »««■.  as  st^' 

X':lr-  --^^":r.  £v*p"r  rir 

t«tle  to  the  several  private  cJ^u,]'*'  *"**  »°<l«i'e  into  the 
conveyances,  and  to  firand  jl  ^"'^^  '^*"^*»  ««<»«'  Russ L^ 
bounds  of  the  san,e.  a^  ori^inl  Hiam  H  ^  'IT^'^*'  -etes  a"d 
<tate  of  our  acquisition  of  said  t  f  *"**  *"**  <^'a»»>ed  at  the 
ri^h^'**'  '*'*"°*  owners  TsaM'T^:  ^"^^  »>°«'d  wiH  d^^ 
nght  to  submit  testimony  and  dl  ***  ^^*^"**  ^^^h  of  ther 
by  attorney,  in  support  of  "Lit  "'"**'  *^*^«'  '«  person  or 
"«:ht.  within  thirty  da^s  fro«  **''*"^  ^^^^^n*'.  and  of  the^- 
"o°-  o'    -aid    boL.  to  firar'***'  f  "°''«*  o^  the  cond " 

ptSe;  t  T^'^'-'^'^^ot:,^^^^^^        with  "i^rd, 

parties  be  dissatisfied  with  the  ZIT-         "^"^  *°y  ^nc  of  s«chi 

^ary  of  the  Interior  upon  such  tt  °  *PP«*>  *<>  the  Secra. 

each   individual   case      pJ        '*''"•  *»  'ball  be  ores^iK  !^ 

w«d.d  direct  to  tt"f.  offi«  ""sr' *«  "PP'^X.^d  b""?." 
It  shall  also  be  the  ,.«  •  i  . 


too 


ALASKA. 


for  school  or  other  publicf  purposes,  and  of  all  unclaimed  lots 
or  blocks  which,  in  their  judgment,  should  be  reserved  for 
school  or  any  other  purpose,  and  to  make  report  of  such  in- 
vestigations to  the  ex  officio  surveyor-general  for  his  use  and 
guidance,  as  also  hereinafter  directed,  should  no  appeal  be  filed 
therefrom. 

"Should  an  appeal  from  the  action  or  decision  of  such  board 
be  filed  in  any  case,  no  further  action  ^ill  be  taken  by  the  ex 
officio  surveyor-general  until  the  matter  ha*  been  finally  de- 
cided  by  this  office  or  the  Department.  But  should  no  appeal 
be  filed,  the  ex  officio  surveyor^general  will  proceed  to  direct 
the  survey  of  the  outboundaries  of  the  town  site  to  be  made, 
the  same  in  all  respects  a&  above  directed  in  the  survey  of  land 
for  trade  and  manufacturing  purposes,  except  that  he  will 
accept  the  report  and  recommendations  made  by  said  board  and 
exclude  and  accept,  by  metes  and  bounds,  from  the  land  so 
surveyed,  all  the  lots  and  blocks  for  any  purpose  recommended 
to  be  accepted  by  said  board.  The  execution  of  the  survey  of 
the  lots  and  blocks  thus  accepted,  shall  be  made  a  part  of  the 
duties  of  the  surveyor  who  is  deputized  to  survey  the  exterior 
lines  of  the  town  site;  the  survey  of  such  lots  or  blocks  shall  be 
connected  by  course  and  distance  with  a  corner  of  the  town- 
site  survey,  and  also  fully  described  in  the  field  notes  of  said 
survey  and  protracted  upon  the  plat  of  said  town  site;  and  the 
limits  of  such  lots  or  blocks  will  be  permanently  marked  upon 
the  ground  in  such  manner  as  the  ex  officio  surveyor-general 
shall  direct.  In  forwarding  the  plat  and  field  notes  of  the  sur- 
vey of  any  town  site  for  the  approval  of  this  office,  the  ex  officio 
surveyor-general  will  also  forward  any  report  that  said  board 
iinay  have  filed  with  him  for  approval  in  like  manner."  . 

EDW.  A.  BOWERS, 
Acting  Commissioner. 

Approved  February  17,  1896. 
HOKE  SMITH, 

Secretary. 


as.  When  the  plat  and  field  notes  of  the  survey  of  the  out- 
boundaries of  any  town  site  shall  have  been  approved,  and  not 
before,  by  this  office,  the  Secretary  of  the  Interior  will  appoint 
one  trustee  to  make  entry  of  the  tract  so  surveyed,  in  trust  for 


the  < 
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PUBLIC  LANDS  NON-MINEkAL. 


Id 


the  occupants  thereof,  as  provided  by   said  act.     The   trustee 
having  received  his  appointment,  and  qualified  himself  for  duty 
by  taking  and  subscribing  the  usual  oath  of  office  and  execut- 
ing the  bond  hereinafter  required,  will  call  upon  the  occupants 
of  said  town  site  for  the  triplicate  receipt  for  the  money  depos- 
ited to  meet  the  expenses  of  the  survey  thereof,  and  for  the 
requisite  amount  of  money  necessary   in   addition  to   pay   the 
Government  for  the  land  as  surveyed,  and  other  expenses  in- 
cident to  the  entry  thereof,  keeping  an  accurate  account  thereof 
and  giving  his  receipt  therefor.    And  when  realized  from  assess- 
ment and  allotment,  he  wilt  refund  the  same,  taking  evidence 
thereof  to  be  filed  with  his  report  in  the  manner  hereinafter 
directed.    He  will  then  file  with  the  United  States  court  com- 
missioner for  Sitka,  who  is  ex  officio  register  of  the  Sitka  land 
office,  a  written  notice,  in  due  form,  reciting  the  name  of  the 
party  who  will  make  the  entry,  the  name  and  geographical  lo- 
cation of  the  town  site,  the  place  and  date  of  making  proof,  and 
the  names  of  four  witnesses  by  whom  it  is  proposed  to  establish 
the  right  of  entry.    This  notice  will  be  published  by  said  com- 
missioner once  a  week  for  six  consecutive  weeks,   at  the  ap- 
plicant's  expense,   in   a   newspaper   published   in   the   town   for 
which  the  entry  is  to  be  made,  or  nearest  to  the  land  applied 
for.    Copies  of  said  notice  must  also  be  posted  in  the  office  of 
the  ex  officio  register  and  in  a  conspicuous  place  upon  the  land 
applied  for,  for  thirty  days  next  preceding  the  date  of  making 
proof.    The  required  proof  shall  consist  of  the  affidavits  of  the 
applicant  and  two  of  the  published  witnesses,  and  shall  show: 
(i)  the  actual  occupancy  of  the  land  for  munich>al  purposes;  (2) 
the  number  of  inhabitants;  (3)  the  character,  extent,  and  value 
of  town  improvements;     (4)   the  non-mineral   character  of  the 
town  site;  (5)  that  said  town  site  does  not  contain  any  land  oc- 
cupied by  the  United  States  for  school  or  other  public  purposes, 
nor  any  land  to  which  the  title  in  fee  was  conferred  under  Rus- 
sian rule  and  confirmed  by  the  treaty  of  transfer  to  the  United 
States,  nor  any  land  for  which  patents  have  been  issued  by  the 
United  States;  (6)  and  proof  of  the  publication  and  posting  of 
notices  for  the  required  time,  the  same  in  all  respects  as  is  re- 
quired by  the  ninth  subdivision  of  paragraph  so  hereof.     The 
proof  being  accepted  and  the  certificate  of  entry  issued  by  the 
ex  officio  register  of  the  Sitka  land  office,  the  purchase  priee  of 
the  land  should  be  paid  to  and  receipted  for  by  the  clerk  of  the 


tM 


ALASKA. 


district  court,  who  it  ex  officio  receiver  of  the  Sitka  land  office^ 
%ft«r  which  all  the  papers  will  be  forwarded  to  this  office,  and 
U  found  to  be  complete  and  made  in  accordance  with  these  in- 
structions, patent  will  issue  without  delay.  Cash  certificate  of 
entry  (No.  4»i89)  will  be  used  by  the  ex  officio  register  in  allow* 
ing  all  entries  authorized  by  the  law  and  these  regulations,  and 
•aid  entries  will  be  numbered  consecutively  beginning  with 
number  one.  A  protest  against  the  allowance  of  a  town-site 
entry  will  be  heard,  and  the  same  permitted  to  be  carried  into  a 
contest,  in  the  same  manner  and  under  the  same  conditions  as 
hereinbefore  provided  in  the  matter  of  applications  to  make  en- 
tries for  the  purposes  of  trade  and  manufactures. 

a6.  It  is  also  made  my  duty  to  provide  ruleu  and  regulations 
for  the  survey  and  platting  of  the  town  sitCii  in  Alaska  into 
streets,  alleys,  blocks,  and  lots,  or  for  the  approval  of  such  sur- 
veys as  may  already  have  been  made  by  the  inhabitants  thereof, 
and  for  the  conveyance  of  the  lots  and  blocks  to  the  occupants 
of  said  town  sites,  according  to  their  respective  interests.  To 
accomplish  the  latter  provision  necessitates  the  careful  consid- 
eration of  a  somewhat  difficult  problem,  involving  the  right  of 
the  natives  of  Alaska,  who  constitute  the  larger  part  of  the 
population  of  all  the  towns  in  said  Territory,  but  who  are  not 
citizens  of  the  United  States,  to  receive  title  from  the  Govern- 
ment to  the  lots  severally  occupied  and  claimed  by  them. 

Although  the  political  status  of  these  people  remains  yet  to 
be  determined  by  legislation,  still,  the  fact  that  they  are  held 
amenable  to  all  the  laws  made  applicable  to  said  Territory  in 
which  they  have  lived  at  peace  with  the  white  settlers  for  ages, 
that  they  far  outnumber  the  citizen  and  foreign-born  population 
of  all  those  towns  in  which  white  men  have  settled,  and  that 
many  of  them  have  invested  their  earnings  in  property  in  those 
towns  and  are  exercising  peaceable  and  undisputed  occupancy 
and  right  of  possession  over  the  same,  I  therefore  deem  it 
proper,  in  order  to  further  encourage  them  in  adopting  civilized 
life  and  accepting  and  following  the  instruction  and  example  of 
the  teachers,  missionaries,  and  all  other  right-thinking  people 
who  come  among  them,  and  equitable  and  just  and  within  my 
power,  to  construe  the  language  of  section  3387,  United  States 
Revised  Statutes,  under  which  town-site  entries  are  made  "in 
trust  for  the  several  use  and  benefit  of  the  occupants  thereof, 
jiccording  to  their  respective  interests,"  in  the  most  liberal  and 


PUBLIC  LANDS  NON-MINERAL. 


i«S 


comprehensive  sense  and  to  the  advantage  of  these  natives. 
Therefore,  the  trustees  of  the  several  town  sites  entered  in  said 
Territory  shall  levy  assessments  upon  the  property  either  oc- 
cupied  or  possessed  by  any  native  Alaskan  the  same  as  if  he 
were  a  white  man,  and  shall  apportion  and  convey  the  same  to 
him  according  to  his  respective  interest,  without  regard  to  the 
question  of  citizenship.  But,  in  case  of  white  settlers,  or  as* 
sociations  or  corporations,  the  trustees  shall  require  the  same 
evidence  of  citizenship  or  the  right  to  hold  real  estate,  as  the 
case  may  be,  as  is  required  above  of  purchasers  of  land  for  pur- 
poses  of  trade  or  manufactures. 

2T.  The  entry  having  been  made  and  forwarded  to  this  office, 
the  trustee  will  cause  an  actual  survey  of  the  lots,  blocks,  streets, 
and  alleys  of  the  town  site  to  be  made,  conforming  as  near  as 
in  his  judgment  it  is  deemed  advisable,  to  the  original  plan  or 
survey  of  such  town,  making  triplicate  plats  of  said  survey  and 
designating  upon  each  of  said  plats  the  lots  occupied,  together 
with  the  value  of  the  same  and  the  name  of  the  owner  or 
owners  thereof;  and  in  like  manner  he  will  designate  thereon 
the  lots  occupied  by  any  corporation,  religious  organization,  or 
private  or  sectarian  school.  When  the  plats  are  finally  com- 
pleted, they  will  be  certified  to  by  him  as  follows: 

I,  the  undersigned,  trustee  of  the  town  site  of ,  Alaska 

Territory,  hereby  certify  that  I  have  examined  the  survey  of 
said  town  site  and  approved  the  foregoing  plat  thereof  as  strictly 
conformable  to  said  survey  made  in  accordance  with  the  act  of 
Congress  approved  March  3,  1891,  and  my  official  instructions. 
One  of  said  plats  shall  be  filed  in  the  land  office  in  the  dis- 
trict where  the  town  site  is  located,  one  in  the  office  of  the  Com- 
missioner of  the  General  Land  Office,  and  one  retained  for  his 
own  use.  The  designation  of  an  owner  on  such  plats  shall  be 
temporary  until  final  decision  of  record  in  relation  thereto,  and 
shall  in  no  case  be  taken  or  held  as  in  any  sense  or  to  any 
degree  a  conclusion  or  judgment  by  the  trustee  as  to  the  true 
ownership  in  any  contested  case  coming  before  him. 

28.  As  soon  as  said  plats  are  completed,  the  trustee  will  then 
cause  to  be  posted  in  three  conspicuous  places  in  the  town,  a 
notice  to  the  effect  that  such  survey  and  platting  have  been 
completed  and  notifying  all  persons  concerned  or  interested  in 
such  town  site  that  on  a  desigrnated  day  he  will  proceed  to  set 
off  to  the  persons  entitled  to  the  same,  according  to  their  re- 


104 


ALASKA. 


It    ) 


spective  interests,  the  lots,  blocks,  or  grounds  to  which  each 
occupant  thereof  shall  be  entitled  under  the  provisions  of  said 
act.  Such  notices  shall  be  posted  ai  least  fifteen  days  prior  to 
the  day  set  apart  by  the  trustee  for  making  such  division  and 
allotment.  Proof  of  such  notification  shall  be  evidenced  by  the 
aiiidavit  of  the  trustee,  accompanied  by  a  copy  of  such  notice. 

29.  After  such  notice  uhall  have  been  duly  given,  the  trustee 
will  proceed  on  the  designated  day,  except  in  contest  cases 
which  shall  be  disposed  of  in  the  manner  hereinafter  provided, 
to  set  apart  to  the  persons  entitled  to  receive  the  same,  the  lots, 
blocks,  and  grounds  to  which  each  person,  company  or  associ* 
ation  of  persona  shall  be  entitled,  according  to  their  respective 
interests,  including  in  the  portion  or  portions  set  apart  to  each 
person,  corporation,  or  association  of  persons,  the  improve- 
ments belonging  thereto,  and  in  so  doing  he  will  observe  and 
follow  as  strictly  as  the  platting  of  the  town  site  will  permit 
the  rights  of  all  parties  to  the  property  claimed  by  them  as 
shown  and  defined  by  the  records  of  the  clerk  of  the  district 
court  of  Alaska,  who  is  ex  officio  recorder  of  deeds  and  mort- 
gages and  other  contracts  relating  to  real  estate  in  said  Ter- 
ritory. 

30.  After  setting  apart  such  lots,  blocks,  or  parcels,  and 
upon  a  valuation  of  the  same  as  hereinbefore  provided  for, 
the  trustee  will  proceed  to  determine  and  assess  upon  such 
lota  and  blocks  according  to  their  value,  such  rate  and  sum 
as  will  be  necessary  to  pay  all  expenses  incident  to  the  town- 
site  entry.  In  those  cases  in  which  there  appears  more  than 
one  claimant  for  any  lot  or  block,  the  trustee  will  reauire 
each  claimant  to  pay  the  assessment,  and  upon  the  final  deter- 
mination of  the  contest  as  hereinbefore  provided  for,  the  un- 
successful claimant  or  claimants  will  be  reimbursed  in  a  sum 
equal  to  the  assessment  paid  by  them,  such  reimbursements  to 
be  properly  accounted  for  by  the  trustee.  In  making  the  as- 
sessments the  trustee  will  take  into  consideration: 

First.  The  reimbursement  of  the  parties  who  deposited 
the  money  to  pay  the  cost  of  surveying  and  platting  the  out- 
boundaries  of  the  town  site,  and  who  advanced  such  money 
as  was  necessary  in  addition  to  pay  the  purchase  price  of  the 
land. 

Second.  The  money  expended  in  advertising  and  making 
proof  and  entry  of  the  town  site. 


in 


tl 


T 

F 

F 

imat 

trust 

M 

effect 

tions. 

deed 

ing  fi 

31 

trustei 

or   m( 

of  Ian 

«  timt 

the 

and  a 

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ministe: 

as   near 

close  oi 

mit,   rei 

vided  fc 

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niade  b] 

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situated; 

notice  m 

ritory.    C 

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places  in 

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record,   n 

tions     in 

should  be 

be   compli 

time  or  ej 

Before 
trustee   wi 


PUBLIC  LANDS  NON-MineRaI.. 

V%m       . 


Mf 


Third.    Th#   ««~.  .  --. 

• '"  hX?j  X*r-  •-••-«•'  ~"'^"""" 

of  Cr  '"'■•'"'•'■"  cl.im/ne   .he  °.r"?  *'■*"  "*  «■"»;  .w„ 
o*  iand,  proce^H  tr^  u  •"ame   lot.    hlnr.b 

«  time  and  Place  f        u  *"**  <*««rmine  the  con       '    °'  '^^'■"' 
Cose  of  the"!"!/"  '»»'""«  h-»  inve,  *lte«    "'f""'"'* 

wLr-- •"«'''- '-^^^^^^^^^^ 

record,   marbe     *  ^  *^  °'  "°*^"«   '"be'  J/  ^'^^^  °' 

.•^r--:-  "■'=r--s:  ^r£'^- 

Before   proceeding   to   a;.  ^ 


.ao6 


ALASKA. 


( 


-morning  a  sum  sufficient  to  cover  and  pay  all  costs  and  ex- 
penses on  such  proceedings  for  that  day.  At  the  close  of 
"the  contest,  on  appeal^  or  otherwise,  the  sum  deposited  by  the 
successful  party  shall  be  returned  to  him,  but  that  deposited 
4>y  the  losing  party  shall  be  retained  and  accounted  for  by 
.-said  trustee. 

32.  Any  person  feeling  aggrieved  by  the  decision  of  the 
trustee  may,  within  ten  days  after  notice  thereof,  appeal  to 
the  Commissioner  of  the  General  Land  Office,  under  the  rules 
(except  as  to  time)  as  provided  for  appeals  from  the  opinions 
•of  registers  and  receivers,  and  if  either  party  is  dissatisfied 
with  the  conclusions  of  said  Commissioner  in  the  case,  he  may 
.Atill  further  prosecute  an  appeal  within  ten  days  from  notice 
thereof  to  the  Secretary  of  the  Interior,  upon  like  terms  and 
conditions  and  under  the  same  rules  that  appeals  are  now  reg- 
ulated  by  and  taken  in  adversary  proceedings  from  the  Com* 
missioner  to  the  Secretary,  except  as  modified  by  the  time 
within  which  the  appeal  is  to  be  taken.  All  costs  in  such  pro- 
ceedings will  be  governed  by  the  rules  now  applicable  to  con- 
tests before  the  local  land  offices. 

33.  The  trustee  shall  receive  and  pay  out  all  money  pro- 
vided for  in  these  instructions,  subject  to  the  supervision  of 
this  office,  and  he  shall  keep  a  correct  record  of  his  proceed- 
ings, and  an  accurate  account  of  all  money  received  and  dis- 
bursed by  him,  taking  and  filing  proper  vouchers  therefor,  in 
the  manner  hereinafter  provided;  and  before  entering  upon 
duty  he  shall,  in  addition  to  taking  the  official  oath,  also  en- 
ter into  a  bond  to  the  United  States  in  the  penal  sum  of  five 
thousand  dollars  ($5,000),  for  the  faithful  discharge  of  his  du- 
•ties,  both  as  now  prescribed  and  furnished  by  the  Department 
of  the  Interior. 

34.  AH  lots  remaining  unoccupied  and  unclaimed  when 
the  trustee  shall  have  made  his  allotments  and  assessments 
will  be  sold  at  public  outcry,  for  cash,  to  the  highest  bidder. 
The  proceeds  of  such  sales,  together  with  any  balance  remain- 
ing in  the  hands  of  the  trustee  to  the  credit  of  the  town-site 
•occupants,  to  be  expended,  under  the  direction  of  the  Secre- 
tary of  the  Interior,  for  the  benefit  of  the  town. 

3S-  All  payments  by  the  occupants  of  any  town  site  for 
any  of  the  purposes  above  named,  except  the  survey  of  the 
outboundaries   of  the   land   so   entered,   shall   be   in   cash,    and 


made 
recei] 
maki] 
fice  \ 
also 
held 
the  pi 
.16. 
allowe 
actual] 
duties 
37. 
compJe 
tures. 
the   lot 
with  a] 
cial  aci 
of   the 
the  sub 
to   the 
placed  < 
gages  a 
tory  of 

It   is 
copies   c 
will    be 
cases    th 
sent   the 
struction 


GEO. 

AJ 


PUBLIC  LANDS  NON-MINERAL. 


107 


te  for 

If  the 

and 


made  only  to  the  trustee  thereof,  who  shall  make  duplicate 
receipts  for  all  money  paid  him,  one  to  be  given  the  party 
making  the  payment,  and  the  other  to  be  forwarded  to  this  of- 
fice  with  the  trustee's  papers  and  accounts.  Said  trustee  shall 
also  take  receipts  for  all  money  disbursed  by  him,  and  be 
held  strictly  accountable  by  this  office,  under  his  bond,  for 
the  proper  handling  of  the  trust  funds  in  his  possession. 

.^6.  The  trustee  of  any  town  site  in  said  Territory  will  be 
allowed  compensation  at  the  rate  of  $s  per  day  for  each  day 
actually  engaged  and  employed  in  the  performance  of  his 
duties   as   such   trustee,   and  his   necessary  traveling  expenses. 

37.  The  trustee's  duties  herein  prescribed  having  been 
completed,  the  account  of  all  his  expenses  and  expendi- 
tures, together  with  a  record  cf  his  proceedings  and  a  list  of 
the  lots  to  be  sold  at  public  sale,  as  hereinbefore  provided, 
with  all  papers  in  his  possession,  and  all  evidence  of  his  offi- 
cial acts,  shall  be  transmitted  to  this  office  to  become  a  part 
of  the  records  hereof,  excepting  from  such  papers,  however, 
the  sub-divisional  plat  of  the  town  site,  which  he  shall  deliver 
to  the  clerk  of  the  district  court,  to  be  made  of  record  and 
placed  on  file  in  his  office  as  ex  officio  recorder  of  deeds,  mort- 
gages and  other  contracts  relating  to  real  estate  in  the  Terri- 
tory of  Alaska. 

jua  

It  is  believed  that  the  foregoing  regulations,  together  with 
copies  of  the  laws,  rules  and  regulations,  referred  to  therein, 
will  be  found  sufficient  for  the  proper  determination  of  all 
cases  that  may  arise,  but,  should  unforeseen  difficulties  pre- 
sent themselves,  the  same  should  be  submitted  for  special  in- 
structions. 

T.  H.  CARTER, 

Commissioner. 

The  General  Land  Office, 
Department  of  the  Interior. 
Approved,  June  3,   1891. 

GEO.  CHANDLER, 

Acting  Secretary.  ^    .  » 


n 


no: 


I'i 


YUKC 

mi; 


Act   of 
Mi 


PART  IV. 


NORTHWEST    TERRITORY   AND 

MANITOBA. 


YUKON  DISTRICT,  REGULATIONS  FOR  PLACER 

MINING.       SASKATCHEWAN     DISTRICT, 

REGULATIONS  FOR  PLACER  MINING. 


Act   of   November   qth,    1889,   which  Includes  the   General 

Mining  Law  of  the  Dominion.    Dredging  of  Rivers, 

Coal  Lands  for  Domestic  Purposes. 


• 


PART  4. 


NORTHWEST   TERRITORY   AND   MANITOBA. 


YUKON  PLACER    MINING    REGULATIONS    GOVERN- 
ING   PLACER     MINING    ALONG    THE    YUKON 
RIVER    AND    ITS  TRIBUTARIES    IN 
THE     NORTHWEST     TERRI- 
TORIES. 

(Approved  by  Order  in  Council  No.  1189,  of  21st  May,  1897,  a» 
Amended.) 


i 


l'<9ll 


INTERPRETATION. 

"Bar  diggings"  shall  nxan  any  part  of  a  river  over  which 
the  water  extends  when  the  water  is  in  its  flooded  state,  and 
which  is  not  covered  at  low  water. 

Mines  on  benches  shall  be  known  as  "bench  diggings" 
and  shall  for  the  purpose  of  defining  the  size  of  such  claims 
be  excepted  from  dry  diggings. 

"Dry  diggings"   shall    mean  any    mine  over    which   a  river 
never  extends. 

"Miner"  shall  mean  a  male  or  female  over  the  age  of 
eighteen  but  not  under  that  age. 

"Claim"  shall  mean  the  personal  right  of  property  in  a 
placer  mine  or  diggings  during  the  time  for  which  the  grant 
of  such  mine  or  diggings  is  made. 

"Legal  post"  shall  mean  a  stake  standing  not  less  than 
four  feet  above  the  ground  and  squared  on  four  sides  for  at 
least  one  foot  from  the  top.  Both  sides  so  squared  shall  meas- 
ure at  least  four  inches  across  the  face.  It  shall  also  mean 
any  stump  or  tree  cut  ofF  and  squared  or  faced  to  the  above 
height  and  siae. 

"Close   season"   shall   mean  the   period   of  the  year   during 

(no) 


whicl 

be  fi: 

is  sit 

"L 

of  th( 

"M 

coal. 


I. 
water 
water 
a.    : 
lines  r 
and  sh 
the  cla 
of  the 
posts  a 
name  0 
sfPked. 

3.  D 
placed 
which  s 
date  upi 

4.  7 

long   m« 

stream, 

bill  or  t 

less  thai 

The  side 

as  possil 

marked  1 

it  th« 

at  the  si 

miner  an 

<.    A 
placed  at 
be  legibl; 
which  th( 

6.    Ent 
other  alte 


YUK(  N   PLACER   REGULATIONS. 


tl» 


which  placer  mining  is  generally  suspended.  The  period  to 
be  fixed  by  the  Gold  Commissioner  in  whose  district  the  claim* 
is  situated. 

"Locality"  shall  mean  the  territory  along  a  river  (tributary 
of  the  Yukon  River)  and  its  affluents. 

"Mineral"  shall  include  all  minerals  whatsoever  other  thas^ 
coal. 

NATURE  AND  SIZE  OF  CLAIMS. 


;e 


river 
of 


in    a 
grant 

than 

;or  at 

meas- 

mean 

above 

luring 


1.  "Bar  diggings,"  a  strip  of  land  too  feet  wide  at  high<- 
water  mark,  and  thence  extending  into  the  river  to  its  lowest 
water  level. 

2.  The  sides  of  a  claim  for  bar  digging  shall  be  two  parallel 
lines  run  as  nearly  as  possible  at  right  angles  to  the  strean^ 
and  shall  be  marked  by  four  legal  posts,  one  at  each  end  of 
the  claim  at  or  about  high-water  mark,  also  one  at  each  end 
of  the  claim  at  or  about  the  edge  of  the  water.  One  of  the 
posts  at  high-water  mark  shall  be  legibly  marked  with  the 
name  of  the  miner  and  the  date  upon  which  the  claim  was 
stpked. 

3.  Dry  diggings  shall  be  100  feet  square  and  shall  have- 
placed  at  each  of  its  four  corners  a  legal  post  upon  one  oi 
which  shall  be  legibly  marked  the  name  of  the  miner  and  the- 
date  upon  which  the  claim  was  staked. 

4.  7  August,  1897.  Creek  and  river  claims  shall  be  100  feet 
long  measured  in  the  direction  of  the  general  course  of  the 
stream,  and  shall  extend  in  width  from  base  to  base  of  the 
hill  or  bench  on  each  side,  but  when  the  hills  or  benches  are- 
less  than  100  feet  apart,  the  claim  may  be  100  feet  in  depth. 
The  sides  of  a  claim  shall  be  two  parallel  lines  run  as  nearly 
as  possible  at  right  angles  to  the  stream.  The  sides  shall  be 
marked  with  legal  posts  zt  or  about  the  edge  of  the  water  and( 
it  th«  ;ar  boundaries  of  vhe  claim.  One  of  the  legal  posts- 
at  the  stream  shall  be  legibly  marked  with  the  name  of  the 
miner  and  the  date  upon  which  the  claim  was  staked. 

i.  A  Bench  claim  shall  be  100  feet  square,  and  shall  have 
placed  at  each  of  its  four  comers  a  legal  post  upon  which  shalf 
be  legibly  marked  the  name  of  the  miner  and  the  date  upon> 
which  the  claim  was  staked. 

6.  Entry  shall  only  be  granted  for  alternate  claims,  the 
other  alternate  claims  being  reserved  for  the  Crown  to  be  dis- 


III 


112 


NORTHWEST  TERRITORY. 


oosed  of  at  public  auction,  or  in  such  manner  as  may  be  de* 
cided   by  the  Minister  of  the   Interior. 

The  penalty  for  trespassing  upon  a  claim  reserved  for  the 
Crown  shall  be  immediate  cancellation  by  the  Gold  Commis* 
•ioner  of  any  entry  or  entries  which  the  person  trespassing 
may  have  obtained,  whether  by  original  entry  or  purchase, 
for  a  mining  claim,  and  the  refusal  by  the  Gold  Commissioner 
of  the  acceptance  of  any  application  which  the  person  tres- 
passing may  at  any  time  make  for  a  claim.  In  addition  to 
such  penalty,  the  Mounted  Police,  -upon  a  requisition  from 
the  Gold  Commissioner  to  that  effect,  shall  take  the  necessary 
steps  to  eject  the  trespasser. 

7.  In  defining  the  size  of  claims  they  shall  be  measured 
horizontally  irrespective  of  inequalities  on  the  surface  of  the 
ground.  j^ 

8.  7  August,  1897.  If  any  person  or  persons  shall  discover 
a  new  mine  and  such  discovery  shall  be  established  to  the  sat- 
isfaction of  the  Gold  Commissioner  a  creek  and  river  claim 
300  feet  in  length  may  be  granted. 

A  new  stratum  of  auriferous  earth  or  gravel  situated  in  a 
locality  where  the  claims  are  abandoned  shall  for  this  purpose 
be  deemed  a  new  mine,  although  the  same  locality  shall  have 
been  previously  worked  at  a  different  level. 

g.  The  forms  of  application  for  a  errant  for  placer  mining 
and  the  grant  of  the  same  shall  be  those  contained  in  forms 
"H"  and  "I"  in  the  schedule  hefeto. 

10.  A  claim  shall  be  recorded  with  the  Gold  Commissioner 
in  whose  district  it  is  situated  within  three  days  after  the  lo- 
cation thereof  if  it  is  located  within  ten  miles  of  the  Commis- 
sioner's ofHce.  One  extra  day  shall  be  allowed  for  making 
such  record  for  every  additional  ten  miles  or  fraction  thereof. 

11.  In  the  event  of  the  absence  of  the  Gold  Commissioner 
from  his  office,  entry  for  a  claim  may  be  granted  by  any  per- 
son whom  he  may  appoint  to  perform  his  duties  in  his  ab- 
sence. 

la.  Entry  shall  not  be  granted  for  a  claim  which  has  not 
been  staked  by  the  applicant  in  person  in  the  manner  specified 
in  these  regulations.  An  affidavit  that  the  claim  was  staked  out 
by  the  applicant  shall  be  embodied  in  form  "H"  of  the  schedule 
hereto. 

13.    7  August,  1S97.    An  entry  fee  of  $15.00  shall  be  charged 


VCKO.V  VLACEli  REGULATIO.N's. 

tr     anil    «~    _._  .    •_ 


*«■'.   .h„e  shall T/tvI^""    T"  "''    hundrer/oir"*"" 

«mt'  i  "  ^."'  "•  """"'^d  for  by  ,h.  '  «      '^'"■'»"<'«ed   rJ. 
~    ,  '"  "*"«  course.     The  tin,.       J      *""  who  collect  >h. 

claims  by  purchase,  and  anrnumh.     T^  '^^^^ 
8  any  number  of  miners 


114 


NORTHWEST  TERRITORY. 


may  unite  to  work  their  claims  in  common  upon  such  terms 
as  they  may  arrange,  provided  such  agreement  be  registered 
with  the  Gold  Commissioner  and  a  fee  of  five  dollars  paid  for 
each  registration. 

i8.  Any  miner  or  miners  may  sell,  mortgage,  or  dispose 
of  his  or  their  claims,  provided  such  disposal  be  registered 
with,  and  a  fee  of  two  dollars  paid  to  the  Gold  Commissioner^ 
who  shall  thereupon  give  the  assignee  a  certificate  in  form  J 
in  the  schedule  hereto. 

ig.  Every  miner  shall  during  the  continuance  of  his  grant 
have  the  exclusive  right  of  entry  upon  his  own  claim,  for  the 
miner-like  working  thereof,  and  the  construction  of  a  resi- 
dence thereon,  and  shall  be  entitled  exclusively  to  all  the  pro- 
ceeds realized  therefrom,  upon  which,  however,  the  royalty 
prescribed  by  clause  14  of  these  Regulations  shall  be  pay- 
able; but  he  shall  have  no  surface  rights  therein;  and  the  Gold 
Commissioner  may  grant  to  the  holders  of  adjacent  claims 
such  right  of  entry  thereon  as  may  be  absolutely  necessary  for 
the  working  of  their  claims,  upon  such  terms  as  may  to  him 
seem  reasonable.  He  may  also  grant  permits  to  miners  to 
cut  timber  thereon  for  their  own  use,  upon  payment  of  the 
dues  prescribed  by  the  regulations  in  that  behalf. 

20.  Every  miner  shall  be  entitled  to  the  use  of  so  much 
of  the  water  naturally  flowing  through  or  past  his  claim,  and 
not  already  lawfully  appropriated,  as  shall,  in  the  opinion  of 
the  Gold  Commissioner  be  necessary  for  the  due  working 
thereof;  and  shall  be  entitled  to  drain  his  own  claim  free  of 
charge. 

21.  A  claim  shall  be  deemed  to  be  abandoned  and  open  to 
occupation  and  entry  by  any  person  when  the  same  shall  have 
remained  unworked  on  working  days  by  the  grantee  thereof 
or  by  some  person  on  his  behalf  for  the  space  of  *seventy-two 
hours  unless  sickness  or  other  reasonable  cause  be  shown  to 
the  satisfaction  of  the  Gold  Commissioner  or  unless  the  gran- 
tee is  absent  on  leave  given  by  the  Commissioner,  and  the 
Gold  Commissioner  upon  obtaining  evidence  satisfactory  to 
himself,  that  this  provision  is  not  being  complied  with  may 
cancel  the  entry  given  for  a  claim. 

22.  If  the  land  upon  which  a  claim  has  been  located  is  not 


*72  hours  means  3  consecutixre  days  of  24  hours  each. 


the  p 
who   i 
from 
can  b4 

therefo 
paid  t< 
sue  to 
so  colj 
^and,  M 
credited 

cannot 
the  occi 
it  shall 
agent  01 
another 
amount 
shall    be 
be  accon 
the  Gold 
Question 
served   01 
and  after 
service,   m 
leaving  it 
of  abode 
be  served 
fixed   by  t 
time  limit* 
clines  to  a 
no  arbitral 
ited  therefc 
Gold    Comi 
question  lit 
tice  has  coi 
pant,  or  th 
the  service 
sonable   effc 
that  the  no 
owner,  agen 


YUKON   PLACER  REGULATIONS. 


11$ 


the  property  of  the  Crown  it  will  be  necessary  for  the  person 
who  applied  for  entry  to  furnish  proof  that  he  has  acquired 
from  the  owner  of  the  land  the  surface  rights  before  entry- 
can  be  eranted. 

23.  If  the  occupier  of  the  lands  has  not  received  a  patent 
therefor,  the  purchase  money  of  the  surface  rights  must  be 
paid  to  the  Crown,  and  a  patent  of  the  surface  rights  will  is- 
sue to  the  party  who  acquired  the  mining  rights.  The  money 
so  collected  will  either  be  refunded  to  the  occupier  of  the 
land,  when  he  is  entitled  to  a  patent  therefor,  or  will  be 
credited  to  him  on  account  of  payment  for  land. 

24.  When  the  party  obtaining  the  mining  rights  to  lands 
cannot  make  an  arrangement  with  the  owner  or  his  agent  or 
the  occupant  thereof  for  the  acquisition  of  the  surface  rights^ 
it  shall  be  lawful  for  him  to  give  notice  to  the  owner  or  his 
agent  or  the  occupier  to  appoint  an  arbitrator  to  act  with 
another  arbitrator  named  by  him,  in  order  to  award  the 
amount  of  compensation  to  which  the  owner  or  occupant 
shall  be  entitled.  The  notice  mentioned  in  this  section  shall 
be  according  to  a  form  to  be  obtained  upon  application  from 
the  Gold  Commissioner  for  the  district  in  which  the  lands  in 
question  lie,  and  shall,  when  practicable,  be  personally 
served  on  such  owner,  or  his  agent  if  known,  or  occupant;, 
and  after  reasonable  ei^orts  have  been  made  to  effect  personal 
service,  without  success,  then  such  notice  shall  be  served  by- 
leaving  it  at,  or  sending  by  registered  letter  to,  the  last  place 
of  abode  of  the  owner,  agent  or  occupant.  Such  notice  shall 
be  served  upon  the  owner  or  agent  within  a  period  to  be 
fixed  by  the  Gold  Commissioner  before  the  expiration  of  the 
time  limited  in  such  notice.  If  the  proprietor  refuses  or  de- 
clines to  appoint  an  arbitrator,  or  when  for  any  other  reason 
no  arbitrator  is  appointed  by  the  proprietor  in  the  time  lim- 
ited therefor  in  the  notice  provided  for  by  this  section,  the 
Gold  Commissioner  for  the  district  in  which  the  lands  in 
question  lie,  shall,  on  being  satisfied  by  affidavit  that  such  no- 
tice has  come  to  the  knowledge  of  such  owner,  agent  or  occu- 
pant, or  that  such  owner,  agent  or  occupant  willfully  evades 
the  service  of  such  notice,  or  cannot  be  found,  and  that  rea- 
sonable efforts  have  been  made  to  effect  such  service,  and 
that  the  notice  was  left  at  the  last  place  of  abode  of  such 
owner,  agent  or  occupant,  appoint  an  arbitrator  on  his  behalf. 


Ii6 


NORTHWEST  TERRITORY. 


as.  (0.)  All  the  arbitrator!  appointed  under  the  authority 
of  these  regulation*  shall  be  sworn  before  a  Justice  of  the 
Peace  to  the  impartial  discharge  of  the  duties  assigned  to 
them,  and  they  shall  forthwith  proceed  to  estimate  the  rea- 
sonable damages  which  the  owner  or  occupants  of  such  lands, 
apcording  to  their  several  interests  therein,  shall  sustain  .by 
reason  of  such  prospecting  and  mining  operations. 

(6.)  In  estimating'  such  damages,  the  arbitrators  shall  de- 
termine  the  value  of  the  land  irrespectively  of  any  enhance- 
ment thereof  from  the  existence  of   minerals  therein. 

(c.)  In  case  such  arbitrators  cannot  agree,  they  may  select 
«  third  arbitrator,  and  when  the  two  arbitrators  cannot  agree 
upon  a  third  arbitrator  the  Gold  Commissioner  for  the  dis- 
trict in  which  the  lands  in  question  lie  shall  select  such  third 
.arbitrator. 

id.)  The  award  of  any  two  such  arbitrators  made  in  writ- 
ing shall  be  final,  and  shall  be  filed  with  the  Gold  Commis- 
sioner for  the  district  in  which  the  lands  lie. 

If  any  cases  arise  for  which  no  provision  is  made  in  these  reg- 
ulations, the  provisions  of  the  regulations  governing  the  disposal  of 
mineral  lands  other  than  coal  lands  approved  by   His  Excellency 
.the  Governor  in  Council  on  the  9th  of  November,  1889,  shall  apply. 
.•See  Act  of  9  Nov.  1889.    See  Post  page  128. 


name 

said  i 

4. 
other 

S. 
mark 
with  t 
River 
this  af 
croach 
out  by 
6.    T 
could   B 
and  that 
to  attaci 
to  the  t 
tion.  forj 

^-    Thi 

acquire  ti 

ecuted   bj 

wy   (or  o 

Sworn 
of 


FORM  H.— APPLICATION  FOR  GRANT  FOR  PLACER  ■  j^^ 
MINING  AND  AFFIDAVIT  OF  APPLICANT. 


FO 


I 
It 


J  (or  we),  of 

tliereby   apply,    under    the    Dominion    Mining    Regulations,    for 
^  grant  of  a  claim  for  placer  mining  as  defined  in  the  said  reg- 
ulations,  in    (here  describe   locality)   and   I    (or  we)   solemnly 
•swear:— 

I.  That  I  (or  we)  have  discovered  therein  a  deposit  of 
>(here  name  the  metal  or  mineral) 

a.  That  I  (or  we)  am  (or  are)  to  the  best  of  my  (or  our) 
icnowledge  and  belief,  the  first  discoverer  (or  discoverers)  of 
ithe  said  deposit;  or:— 

3.    That   the   said   claim    was   previously    granted   to    (here! 


I  ^n  cons: 
J  clause  13  o 
I'ts  tributari 
iPanying  his 

pert  descript 
The  Mini 

Pte  hereof. 

describe  in  , 
y  thereof  t 
'«  exclusive 


VUKON  PLACER  REGULATIONS 

^  Wr """-  ^"^  "^"^  ""'--•<' "' '" 

n>«rk  out    on   tL  ^'  °"  **»«  ^         . 

^hi.  application,  and    hat  t      *?  ^**'  ^»»«h  I  (or  we)  «  C"* 
croach  on  An»  ^^iT         "  *"  *<>  doine  I   r«,       v    .     *^  '"■^« 

could  „.„„„    ""'..^•'"    contain,,  „    „„, 

and  that  the  de^L!'      !  *'   "■•  "■»  of  ^   ^'"'  *«> 

'o  «.«h.d,  ,r,^'T  <«nd  .k«eh  i,        ,  »«l«"e   feet, 

'o  the  be»    of^„  "^  ■"'  <of  "»)  set.  ("  .  °,  ,"■"  '^««  "•.«. 

of  *' 

'»  •  *'•  d^ 

.  (Si«i»ture.) 

*ORM   I.-GRANT  FOR   Pr  .^» 
°*   PLACER   MINING.  - 

---  Hi,  Co,  .U^-  ^;  -  ,..^^  ^^  ^-»-  «- a^*. 

P"cribe  in  &t"7.  "■•"t  of  «^  °'  7, /"■•,  '"»  th.- 


No. 


Ii8 


NORTHWEST  TERRITORY. 


-which,   however,  the    royalty   prescribed    by   clause   14  of    the 
Kegulations  shall  be  paid. 

The  said  (A.  B.)  shall  be 

entitled  to  the  use  of  so  much  of  the  water  naturally  flowing 
lirough  or  past  his  (or  their)  claim,  and  not  already  lawfully 
appropriated,  as  shall  be  necessary  for  the  due  working  there- 
>r,  and  to  drain  his  (or  their)  claim,  free  of  charge. 

This  grant  does  not  convey  to  the  said  (A.  B.) 

any    surface   rights    in   the   said    claim,    or 

any  right  of  ownership  in  the  soil  covered  by  the  said  claim; 

and   the   said  grant  shall    lapse  and   be    forfeited    unless    the 

claim   is  continuously  and  in    good  faith  worked    by  the    said 

(A.  B.)  or  his  (or  their  associates. 

The  rights  hereby  granted  are  those  laid  down  in  the  afore- 
said mining  regulations,  and  no  more,  and  are  subject  to 
all  the  provisions  of  the  said  regulations,  whether  the  same 
are  expressed  herein  or  not. 

Gold  Commissioner. 


FORM  J.-CERTIFICATE  OF  THE  ASSIGNMENT  OF  A 

PLACER  MINING  CLAIM. 

No 

Department  of  the  Interior. 
Agency,  18 

This  is  to  certify  that  (B.  C.)  of 

lias  (or  have)  filed  an  assignment  in  due  form  dated 
18    .  and  accompanied  by  a  registration  fee  of  two   dollars,  of 
the  grant  to  (A.   B.)  of 

of  the  right  to  mine  in   (insert  de- 
acription  of  claim)  for  one  year  from  the  x8   . 

This  certificate  entitles  the  said  (B.  C.) 

to  all  the  rights  and  privileges  of  the  said  (A.  B.) 

in  respect  of  the  claim  assigned,  that  is  to  say,  to 
the  exclusive  right. of  entry  upon  the  said  claim  for  the  miner- 
like working  thereof  and  the  construction  of  a  residence 
thereon,  and  the  exclusive  right  to  all  the  proceeds  realized 
therefrom  (upon  which,  however,  the  royalty  prescribed  by 
-clause  14  of  the  Regulations  shall  be  paid),  for  the  remaining 
portion  of  the  year  for  which  the  said  claim  was  granted,  to 
<the  said  (A.   B.)  ,  that] 


IS 

ent 
thr 
app 
thei 

1 

n>hi 
the 
is   cc 

n 

Domi 
to   ai] 

same 


SASK. 
G 


Uh( 

the  disj 

the     Go 

/880,    ha 

'"ng  Joca 

west  Tei 

His 

Jnion  Li 

ada,  and 

'or  Cam 

'or  the 

the   Nort 

shall    be 


YUKON    rLACER   REGULATIONS. 


It» 


is  to  say,  until  the  day  of  i8    . 

The  said  (B.  C.)  shall  be 

entitled  to  the  use  of  so  much  of  the  water  naturally  flowing 
through  or  past  his  (or  their)  claim  and  not  already  lawfully 
appropriated,  as  shall  be  necessary  for  the  due  working 
thereof,  and  to  drain  the  claim  free  of  charge. 

This  grant  does  not  convey  to  the  said  (B.  C.) 

any  surface  rights  in  the  said  claim,  or  any 

riffht  of  ownership  in  the  soil  covered  by  the  said  claim;  and 

the   said    grant   shall    lapse   and   be   forfeited    unless   the   claim 

is  continuously,  and  in  good  faith,  worked  by  the  said 

(B.  C.)  or  his  (or  their)  associates. 

The  rights  hereby  granted  are  those  laid  down  in  the 
Dominion  Mining  Regulations,  and  no  more,  and  are  subject 
to  all  the  provisions  of  the  said  regulations,  whether  the 
same  are  expressed  herein  or  not. 

Gold  Commissioner. 


irs. 


SASKATCHEWAN     PLACER     MINING     REGULATIONS 

GOVERNING   PLACER    MINING  ALONG   THE 

NORTH    SASKATCHEWAN    RIVER,    NORTH- 

WEST  TERRITORY. 

Approved  by  Order  in  Council,   X7th  April,   1897. 

Whereas  it  is  represented  that  the  Regulations  governing 
the  disposal  of  placer  mining  claims,  established  by  Order  of 
the  Governor-General  in  Council  on  the  9th  of  November, 
i88g,  have  not  operated  satisfactorily  in  the  disposal  of  min- 
ing locations  on  the  North  Saskatchewan  River,  in  the  North- 
west Territories. 

His  Excellency  in  virtue  of  the  provisions  of  "The  Dom- 
inion Lands  Act,"  Chapter  54  of  the  Revised  Statutes  of  Can- 
ada, and  by  and  with  the  advice  of  the  Queen's  Privy  Council 
for  Canada,  is  pleased  to  order  that  the  tfoUowing  regulations 
for  the  disposal  and  governance  of  placer  mining  claims  along 
the  North  Saskatchewan  River,  in  the  Northwest  Territories, 
shall   be  and  the  same  are   hereby  adopted  and   established. 

(Signed)  JOHN   J.    McGEE, 

Clerk  of  the  Privy  Council. 


lao 


NORTHWEST  TERRITORY. 


INTERPRETATION. 

"Bar  Diggings"  shall  mean  any  part  of  a  river  over  which 
the  water  extends  when  the  river  is  in  its  flooded  state,  and 
which  is  not  covered  at  low  water. 

"Bench  Claim"  shall  mean  a  part  of  the  present  bank  of 
the  river  overlying  a  portion  of  what  was  originally  a  gravel 
bar  in  the  river,  and  shall  include  "bar  diggings." 

"Legal  Post"  shall  mean  a  stake  standing  not  less  than 
four  feet  above  the  ground  and  squared  on  four  sides  for  at 
least  one  foot  from  the  top.  Both  sides  so  squared  shall 
measure  at  least  four  inches  across  its  face.  It  shall  also 
mean  any  stump  or  tree  cut  off  and  squared  or  faced  to  the 
above  height  and  size. 

"Close  Season"  shall  mean  the  period  of  the  year  during 
which  placer  mining  is  generally  suspended.  The  period  to  be 
fixed  by  the  Agent  of  Dominion  I^nds  in  whose  district  a 
raining  location  is  situated. 

"Locality"  shall  mean  a  stretch  of  river  within  ten  miles 
from  any  point  on  the  river. 

"Mineral"  shall  include  all  minerals  whatsoever  other 
than  coal. 


:!P 


111 

iff 


NATURE  AND   SIZE   OF  CLAIMS. 

For  "bar  diggings"  a  stiip  of  land  loo  feet  along  high 
water  mark,  and  thence  extending  into  the  river  to  the  low- 
est water  level. 

"Bench  claims"  shall  be  loo  feet  along  high  water  mark 
and  shall  extend  forward  to  low  water  mark  and  back  to  the 
bank  of  the  valley.  Provided,  however,  that  if  the  distance 
from  high  water  mark  to  the  bank  of  the  valley  exceeds  i,ooo 
feet  the  length  of  the  claim  shall  be  confined  to  that  number 
of  feet. 

Entry  may  be  obtained  for  a  "bar  digging"  or  a  bench 
claim   upon   complying   with    the   following   regulations: 

I.  Any  person  who  desires  to  work  "bar  diggings"  may 
upon  payment  of  a  fee  of  $i.oo  to  the  Agent  of  Dominion 
Lands,  obtain  a  Free  Miner's  certificate  upon  form  "A"  in 
the  schedule  to  these  regulations.  This  certificate  will  entitle 
the  holder   thereof   to   stake   out   "bar   diggings"   at   any   time 


in  ace 

work 

will  be 

complji 

the  da 

s.    J 

Domini 

days  af 

of  the  . 

ing   sue 

thereof. 

3.  A. 
will  be 

4.  Tl 

parallel 

stream  a 

end   of 

each  end 

of  the  p( 

the  name 

staked. 

S.    Th 
ning  as  t 
shall    be 
cJaim  at  ( 
end   of  tl 

6.  The 
the  verticj 

7.  Eve 
by   the   he 
tinuously, 
shall  be  du 
't  shall  re> 
of  or  som 
hours,  exc« 
sence.   or 
^hich   sha 
Dominion 

8.    If  a 
Agent   of 
that   eflfect 
hhe  locatior 


SASKATCHEW-mN  placer  regulations.        12* 

in  accordance  with  the  provisions  of  these  regulations,  and 
work  the  same  without  further  reference  to  the  Agent.  It 
will  be  necessary,  however,  for  the  holder  ol  the  certificate  to* 
comply  with  the  provisions  of  these  regulations  as  to  working, 
the  claim. 

2.  A  "bench  claim"  shall  be  recorded  with  the  Agent  of 
Dominion  Lands  in  whose  district  it  is  situated  within  three 
days  after  the  location  thereof,  if  it  is  located  within  lo  mile» 
of  the  Agent's  office.  One  extra  day  shall  be  allowed  for  mak' 
ing  such  record  for  every  additional  ten  miles  or  fractioo 
thereof. 

i.  An  entry  fee  of  $5.00  shall  be  charged  and  the  entr/ 
will  be  good  for  one  year  from  the  date  thereof. 

4.  The  sides  of  a  claim  for  a  "bar  digging"  shall  be  two 
parallel  lines  run  as  nearly  as  possible  at  right  angles  to  the 
stream  and  shall  be  marked  by  four  legal  posts  one  at  each 
end  of  the  claim  at  or  about  high  water  mark,  also  one  at 
each  end  of  the  claim  at  or  about  the  edge  of  the  water.  One 
of  the  posts  at  high  water  mark  shall  be  legibly  marked  with 
the  name  ot  the  miner  and  the  date  upon  which  the  claim  wa» 
staked. 

5.  The  sides  of  a  bench  claim  shall  be  parallel  lines  run' 
ning  as  nearly  as  possible  at  right  angles  to  the  stream,  and 
shall  be  marked  by  six  legal  posts,  one  at  each  side  of  the 
claim  at  or  about  low  and  high  water  marks,  also  one  at  each 
end   of  the   claim   upon  the  rear   boundary  thereof. 

6.  The  boundaries  of  a  claim  beneath  its  surface  shall  be 
the  vertical  planes  in  which  its  surface  boundaries  lie. 

7.  Every  claim  shall  be  represented  and  bona  fide  worked 
by  the  holder  thereof  or  by  some  person  on  his  behalf,  con- 
tinuously, as  nearly  as  practicable,  during  working  hours,  and 
shall  be  deemed  to  be  abandoned  and  absolutely  forfeited  when 
it  shall  remain  unworked  on  working  days  by  the  holder  there- 
of or  some  person  on  his  behalf  for  a  period  of  seventy-two 
hours,  except  during  the  close  season,  lay  over  or  leave  of  ab- 
sence, or  during  sickness,  or  for  some  other  reasonable  cause 
which  shall  be  shown  to  the  satisfaction  of  the  Agent  of 
Dominion  Lands. 

8.  If  a  claim  is  not  being  worked  in  a  bona  fide  manner,  the 
Agent  of  Dominion  Lands  shall  upon  obtaining  evid''nce  to 
that   effect   satisfactory  to   himself,   cancel   the  entry  given  for 

I  the  location. 


: 


122 


NORTHWEST  TERRITORY. 


li'    i 


Q.  Any  party  of  miners  not  exceeding  four  whose  claims 
are  adjoining  may  for  the  better  development  of  their  claims 
and  upon  being  authorized  to  do  so  by  the  Agent,  work  any 
one  of  the  claims,  and  the  work  performed  thereon  shall  be 
accepted  as  being  done  on  each  claim. 

10.  When  steam  power  is  employed  continuously  for  dredg- 
ing; for  bar  or  bench  claims,  these  claims  may  be  ^oo  feet  in 
width,  but  they  shall  he  the  same  length  as  already  prescribed. 

11.  Miners  holding  two  or  four  adjoining  claims  may  for 
the  purpose  of  operating  them  by  steam  power  combine  and 
work  one  of  the  claims  and  the  work  thereon  will  be  sufHcient 
to  hold  the  remainder  subject  to  the  bona  fide  working  of  the 
claim  in  the  manner  already  provided  by  these  regulations. 
Provided  that  an  '.greement  between  the  parties  concerned  is 
filed  with  the  Agent  of  Dominion  Lands  and  hi'^  consent  to 
the  agreement  is  obtained.  The  agreement  shall  provide  that 
the  owner  of  each  location  or  his  representative  shall  be  em- 
ployed in  the  work  performed  upon  the  claims.  Provided  also 
that  the  Agent  of  Dominion  Lands  shall  be  furnished  from 
time  to  time  with  sucb  particulars  as  he  may  require  in  rela- 
tion to  the  operation  of  me  claims. 

12.  When  claims  are  to  be  operated  by  steam  power  the 
As:ent  may  give  a  period  of  sixty  days  fr  m  the  date  of  re- 
cording the  claim,  to  place  machinery  on  the  ground  and  to 
commence   operations. 

13.  The  forms  of  application  for  a  grant  for  placer  min- 
ing, and  the  grant  of  the  same,  shall  be  those  contained  in 
forms  H.  and  I.  in  the  schedule  hereto. 

14.  The  entry  of  every  holder  of  a  grant  for  placer  mining, 
except  in  the  cases  provided  for  in  section  one  of  these  reg- 
ulations, must  be  renewed  and  his  receipt  relinquished  and 
replaced  every  year,   the  entry  tee  being  paid  each  time. 

15.  No  miner  shall  receive  a  grant  of  more  than  one  min- 
ing claim  in  the  same  locality,  but  the  same  miner  may  hold 
any  number  of  claims  by  purchase  or  assignment. 

16.  Any  miner  or  miners  may  sell,  mortgage,  or  dispose  of 
his  or  their  claims,  provided  such  disposal  be  registered  with 
and  a  fee  of  two  dollars  paid  to  the  Agent,  who  shall  thereup*! 
on  give    the  assignee  a  certificate  in  form  J  in  the    schedule  j 
hereto. 

17.  Every    miner   shall,    during    the    contiauance    of    his] 


frrant 

for  tJ 

reside 

proce* 

thereii 

of   iMi 

right  , 

workin 

reasonj 

18. 
of  the 
not   air 
the  Suf 
thereof, 
charge, 
ifi.    I 
cated  is 
the  pers 
acquired 
entry  cai 
20.    If 
therefor, 
paid  to  1 
sue  to  th 
as>   collect 
land,  whc 
ited  to  hi 
21.    VVI 
cannot  mj 
the  occup, 
it  shall   b< 
agent  or  t 
other  arbii 
of  compen 
titled.    Th< 
inar  to  a  fo 
of   Dominic 
<l«estxon  lit 
on   such     o 
^fter  reason 
»c^  without 


SASKATCHEWAN    FLACER   REGULATIONS.        133 


frrant,  have  the  exclusive  right  of  entry  upon  his  own  claim, 
for  the  miner-like  working  thereof,  and  the  construction  of  a 
residence  thereon,  and  shall  be  entitled  exclusively  to  all  the 
proceeds  realized  therefrom;  but  he  shall  have  no  surface  rights 
therein,  unless  acquired  by  purchase;  and  the  Superintendent 
of  Mines  may  grant  to  the  holders  of  adjacent  claims  such 
right  of  entry  thereon  as  may  be  absolutely  necessary  for  the 
working  of  their  claims,  upon  such  terms  as  may  to  him  seem 
reasonable. 

18.  Every  miner  shall  be  entitled  to  the  use  of  so  much 
of  the  water  naturally  flowing  through  or  past  his  claim,  and 
not  already  lawfully  appropriated,  as  shall,  in  the  opinion  of 
the  Superintendent  of  Mines,  be  necessary  for  the  due  working 
thereof,  and  shall  be  entitled  to  drain  his  own  claim  free  of 
charge. 

ig.  If  the  land  upon  which  a  "bench  claim"  has  been  lo- 
cated is  not  the  property  of  the  Crown  it  will  be  necessary  for 
the  person  who  applies  for  entry  to  furnish  proof  that  he  has 
acquired  from  the  owner  of  the  land  the  surface  rights  before 
entry  can  be  granted. 

20.  If  the  occupier  of  the  lands  has  not  recieived  a  patent 
therefor,  the  purchase  money  of  the  surface  rights  must  be 
paid  to  the  Crown,  and  a  patent  of  the  surface  rights  will  is- 
sue to  the  party  who  acquired  the  mining  rights.  The  money 
as  collected  will  either  be  refunded  to  the  occupier  of  the 
land,  when  he  is  entitled  to  a  patent  therefor,  or  will  be  cred- 
ited to  him  on  account  of  payment  for  land. 

21.  When  the  party  obtaining  the  mining  rights  to  lands 
cannot  make  an  arrangement  with  the  owner  or  his  agent  or 
the  occupant  thereof  for  the  acquisition  of  the  surface  rights, 
it  shall  be  lawful  for  him  to  give  notice  to  the  owner  or  his 
agent  or  the  occupier  to  appoint  an  arbitrator  to  act  with  an- 
other arbitrator  named  by  him,  in  order  to  award  the  amount 
of  compensation  to  which  the  owner  or  occupant  shall  be  en- 
titled. The  notice  mentioned  in  this  section  shall  be  accord- 
ing to  a  form  to  be  obtained  upon  application  from  the  Agent 
of  Dominion  Lands  for  the  district  in  which  the  lands  in 
question  lie,  and  shall,  when  practicable,  be  personally  served 
on  such  owner,  or  his  agent  if  known,  or  occupant;  and 
after  reasonable  efforts  have  been  made  to  effect  personal  serv- 
ice, without    success,  then    such    notice    shall    be    served    by 


<*» 


NORTHWEST  TERRITORY. 


leaving  it  at,  or  sending  by  registered  letter  to,  the  last  place 
of  abode  of  the  owner,  agent  or  occupant.  Such  notice  shall 
be  served,  if  the  owner  or  agent  resides  in  the  district  in 
which  the  land  is  situated,  ten  days,  if  out  of  the  district  and 
within  the  Province,  twenty  days,  and  if  out  of  the  Province,, 
thirty  days,  before  the  expiration  of  the  time  limited  in  such 
notice.  If  the  proprietor  refuses  or  declines  to  appoint  an  ar- 
bitrator, or  when,  for  any  other  reason,  no  arbitrator  is  ap*^ 
pointed  by  the  proprietor  in  the  time  limited  therefor  in  the 
notice  provided  for  by  this  section,  the  Agent  of  Dominion 
Lands  for  the  district  in  which  the  lands  in  question  lie,  shall, 
on  being  satisfied  by  affidavit  that  such  notice  has  come  to 
the  knowledge  of  such  owner,  agent  or  occupant,  or  that  such 
owner*  agent  or  occupant  wilfully  evades  the  service  of  such 
notice,  or  cannot  be  found,  and  that  reasonable  efforts  have 
been  made  to  effect  such  service,  and  that  the  notice  was  left 
at  the  last  place  of  abode  of  such  owner,  agent  or  occupant, 
appoint  an  arbitrator  on  his  behalf. 

az  (a.)  All  the  arbitrators  appointed  under  the  authority  of 
these  regulations  shall  be  sworn  before  a  Justice  of  the  Peace 
to  the  impartial  discharge  of  the  duties  assigned  to  them;  and 
they  shall  forthwith  proceed  to  estimate  the  reasonable  dam- 
ages which  the  owners  or  occupants  of  such  lands,  accord- 
ing to  their  several  interests  therein,  shall  sustain  by  reason  of 
such  prospecting  and  mining  operations. 

(b.)  In  estimating  such  damages,  the  arbitrators  shall  de- 
termine the  value  of  the  land  irrespectively  of  any  enhance- 
ment thereof  from   the   existence  of   minerals   therein. 

(c.)  In  case  such  arbitrators  cannot  agree,  they  may  se- 
lect a  third  arbitrator,  and  when  the  two  arbitrators  cannot 
agree  upon  a  third  arbitrator  the  Agent  of  Dominion  Lands 
for  the  district  in  which  the  lands  in  question  lie  shall  select 
such  third  arbitrator. 

(d.)    The  award  of  any  two  such  arbitrators  made  in  writ- 
ing shall  be  final,  and  shall  be  filed  with  the  Agent  of  Dom- 
inion Lands  for  the  District  in  which  the  lands  lie. 
23.    If    any    cases    arise    for    which    110    provision    is    made    in 

these  regulations,  the  provisions  of  the  regulations  governing 
the  disposal  of  mineral  lands  other  than  coal  lands  approved  by 
His  Excellency  the  Governor  in  Council  on  the  9th  of  November^ 
1889,  shall  apply.    See  act  of  9  Nov.  18S9.    Post  page  128. 


A 

the  ri 

five  n 

in  Cot 

receive 

tailings 

feet  be 

ting  in 

date  of 


This 

paid  me 

rights  ar 

of   the   r 

Sa8katch< 


Form 
fidavit  of 
I.  (or 
«nder    the 
claim  for 

and  I  (or 

I-    That 

(here  name 

a.    That 

name  the  ]j 

said  grantee 

3'    That 

other  than 

4.    That 


.    ,  LEASES. 

A  lease  for  five  vm.. 

"A." 

FREE  MINERS'  CERTIKrrAT-x. 
This  ,s  to  certify  that  '-'•"TIUCATE. 

P»-<i  me  this  day  ,L    "       ,  of 

r;«h.s  a„<,  privi,^,.t%fTf°^r„^'"^-  r  "  "«««"  'o^ 

A««t  o/ Do;,i;v;;"£;;,^^ 

-™"H™2ti::f""^^  «^— - 

-.  (or  we) 

-ame  the  las.  grzm»)    \Tt,r^'"'^'  «™««<J  to      ft« 

J-     inat   I    (or   we)   Am    / 
other  than  vacant  D J^n '[j;->   —are  that  the  ,.„d   ,. 

*•       *"**  ^  ^°''  ^e)  did  on  the  ' 

day  of 


:j6 


NORTHWEST  TERRITORY. 


mark  out  on  the  ground,  in  accordance  in  every  particular 
with   the   provisions  of   clause  of  the   said   mining   reg> 

ulations,  the  claim  for  which  I  (or  we)  make  this  application, 
and  that  in  so  doing  I  (or  we)  did  not  encroach  on  any  other 
claim  or  mining  location  previously  laid  out  by  any  other 
person. 

5.  That  the  said  claim  contains,  as  nearly  as  I  (or  we) 
could  measure  or  estimate,  an  area  of  square  feet,  and 
that  the  description  (and  sketch  if  any)  of  this  date  hereto  at- 
tached.  signed  by  me  (or  us),  sets  (or  set)  forth  in  detail,  to 
the  best  of  my  (or  otxr)  knowledge  and  ability,  its  position, 
form  and  dimensions. 

6.  That  I  (or  we)  make  this  application  in  good  faith,  to  ac- 
quire the  claim  for  the  sole  purpose  of  mining,  to  be  prose- 
cuted by  myself  (or  us),  or  by  myself  and  associates,  or  by  my 
(or  our)  assigns. 

Sworn  before  me  at  this  day 

of  ,   18     .  

(Signature.) 


as  sha 
his  (oj 
Thii 
any  su 
in  the 
iapse  a 
good  fa 
or  his 
The 
said  mi 
the  prov 
pressed 

Note.- 
surface  r 

Form 
claim. 
^'o.   ... 


FORM  I.— GRANT  FOR  PLACER  MINING. 


No. 


Department  of  the   Interior, 

Dominion  Lands  Office, 
Agency,  18    . 
In  consideration  of  the   payment   of  five   dollars,   being  the 
fee  required  by  the  provisions  of  the  Dominion  Mining  Regula- 
tions, clause  three,  by  (A.  B.)  of                                ,  accompany- 
ing his   (or  their)   application  No dated                   18     , 

for  a  mining  claim  in     (here  insert  description  of  locality). 
The  Minister  of  the  Interior  hereby  grants  to  the  said 

(A.  B.)  ,  for  the  term  of  one  year  from  the 

date  hereof,  the  exclusive  right  of  entry  upon  the  claim 
(here  describe  in  detail  the  claim  granted)  for  the   miner- 

like working  thereof  and  the  construction  of  a  residence 
thereon,  and  the  exclusive  right  to  all  the  proceeds  realized 
therefrom. 

The  said  (A.  B.)  shall  be  entitled  to 

the  use  of  so  much  of  the  water  naturally  flowing  through  or 
past  his  (or  their)  claim,  and  not  already  lawfully  appropriated. 


•i-nis  IS 

form  datec 
tration  fee 

the  right  t 
for  one  yea 
This  cer 
fo  all  the  X 
in  respect  c 
right  of  en 
thereof  and 
exclusive  ri 
remaining  i 
granted  to 
I  until  the 

The  said 

I  use  of  so  m 

JJiis   (or  their 

I  shall   be  nee 

rhe  claim  fre 


SASKATCHEWAN  PLACER  REGULATIONS.    '    1J7 


the 

liner- 
lence 
ilized 

led  ta 

jh  or 

kated. 


as  shall  be  necessary  for  the  due  working  thereof,  and  to  draia 
his  (or  their)  claim  free  of  charge. 

This  grant  does  not  convey  to  the  said  (A.  B.) 

any  surface  rights  in  the  said  claim,  or  any  right  of  ownership 
in  the  soil  covered  by  the  said  claim;  and  the  said  grant  shall 
lapse  and  be  forfeited  unless  the  claim  is  continuously  and  itt 
good  faith  worked  by  the  said  (A.  B.) 

or  his  (or  their)   associates. 

The  rights  hereby  granted  are  those  laid  down  in  the  afore- 
said mining  regulations,  and  no  more,  and  are  subject  to  all 
the  provisions  of  the  said  regulations,  whether  the  same  are  ex- 

pressed  herein  or  not.  

Agent  of  Dominion  Lands. 

Note. — The  wording  of  this  form  may  be  changed  when  the 
surface  rights  have  been  acquired  by  the  applicant. 

Form  J. — Certificate  of  the  assignment  of  a  placer  mining: 
claim. 

No 

Department  of  the  Interior, 

Dominion  Lands  Oftice, 
AGENCY,  x8    . 

This  is  to  certify  that  (B.  C.)  ot 

has  (or  have)  filed  an  assignment  in  due 
form  dated  18    ,  and  accompanied  by  a  regis- 

tration  fee  of  two  dollars,  of  the  grant  of 

(A.  B.)  of  of 

the  right  to  mine  in  (insert  description  of  claim) 
for  one  year  from  the  18    . 

This  certificate  entitles  the  said  (B.  C.) 

to  all  the  rights  and  privileges  of  the  said  (A.  B.) 

in  respect  of  the  claim  assigned,  that  is  to  say,  to  the  exclusive- 
right  of  entry  upon  the  said  claim  for  the  miner-like  working 
thereof  and  the  construction  of  a  residence  thereon,  and  the- 
exclusive  right  to  all  the  proceeds  realized  therefrom,  for  the 
remaining  portion  of  the  year  for  which  the  said  claim  was- 
granted  to  the  said  (A.  B.)  that  is  to  say^ 

until  the  day  of  18    . 

The  said  (B.  C.)  shall  be  entitled  to  the- 

luse  of  so  much  of  the  water  naturally  flowing  through  or  past 

his   (or  their)    claim   and  not   already  lawfully  appropriated,   as- 

I  shall  be  necessary  for  the  due  working  thereof,   and  to   drains 

[the  claim  free  of  charge. 


3aS 


NORTHWEST  TERRITORY. 


This  grant  does  not  convey  to  the  said  (B.  C.) 

any  surface  rights  in  the  said  claim,  or  any  right  of  ownership 
in  the  soil  covered  by  the  said  claim;  and  the  said  grant  shall 
lapse  and  be  forfeited  unless  the  claim  is  continuously,  and  in 
good  faith,  worked  by  the  said  (B.  C.) 

or  his  (or  their)  associates. 

The  rights  hereby  granted  are  those  laid  down  in  the  Do- 
minion Mining  Regulations,  and  no  more,  and  are  subject  to 
all  the  provisions  of  the  said  regulations,  whether  the  same  are 
expressed  herein  or  not. 


Agent  of  Dominion  Lands. 
Note. — The  wording  may  be  changed  if  the  applicant  has  ac- 
quired the  surface  rights. 


N.  B.  Special  attention  is  called  to  the  following  provision 
contained  in  the  regulations  above  stated,  to  wit:  "That  if 
any  cases  arise  for  which  no  provision  is  made  in  these  regula- 
tions, the  provisions  of  the  regulations  governing  the  disposal 
of  mineral  lands  other  than  coal  lands  approved  by  His  Excel- 
lency the  Governor,  in  Council,  on  the  9th  of  November,  1889, 
shall  apply." 

The  following  is  the  Act  of  November  9,  1889,  above  re- 
ferred to,  and  is  the  General  Dominion  Mining  Law,  subject 
only  to  the  aforesaid  special  regulations  applicable  to  the 
-placers  of  the  said  Yukon  and  Saskatchewan  Districts. 


REGULATIONS  GOVERNING  THE  DOMINION  LANDS 
CONTAINING  MINERALS. 

ACT  OF  NOVEMBER  9.  1889,  CHAPTER  99.  On  the 
recommendation  of  the  Minister  of  the  Interior  and  uii- 
•der  the  provisions  of  Chapter  54  of  the  Revised  Statutes  of 
■Canada,  (entitled)  The  Dominion  Land  Act,  His  Excellency 
in  Council  has  been  pleased  to  order  that  the  following  regu- 
lations governing  the  disposal  of  Dominion  Lands,  containing 
minerals  other  than  coal,  in  Manitoba  and  the  Northwest  Terri- 
tories, be  approved  and  adopted. 

I.    These   Regulations  shall   be  applicable  to  all   Dominion 
X^nds,   with   the  exception   of  those   situated   in   the   Province 


of  Br 

coppe 

the  e: 

a. 

Lands 

purpoi 

ranean 

ing  ut 

but  nc 

actual 

minera 


3-  A 
lodes  01 
the  foil 
i>500  fee 
aries  shi 
shall  be 
vent,  in 
by  the  I 
than  thi 
face  sha 
he. 

4.  Ai 
tain  a  m 
followinj 

(o.) 

each  of 

square, 

and  shov 

to  admit 

them,  to 

stones,  a 

inches   hi 

and  well 

and  the 

seen  fron 

at  which 

(such  flat 


DOMINION  MINING  REGULATIONS. 


139 


n  the 
d  un- 
fltcs  of 
ellency 

regu- 
taining 

Terri- 

fctninioo 
froviiice 


of  British  Columbia,  containing  gold,  silver,  cinnabar,  lead,  tin, 
copper,  iron,  or  other  mineral  deposit  of  economic  value,  with 
the  exception  of  coal. 

a.  Any  person  or  persons  may  explore  vacant  Dominion 
Lands  not  appropriated  or  reserved  by  Government  for  other 
purposes,  and  may  search  therein,  either  by  surface  or  subter* 
ranean  prospecting,  for  mineral  deposits,  with  a  view  to  obtain* 
iug  under  these  Regulations  a  mining  location  for  the  same; 
but  no  mining  location  or  mining  claim  shall  be  granted  until 
actual  discovery  has  been  made  of  the  vein,  lode  or  deposit,  of 
mineral  or  metal  within  the  limits  of  the  location  or  claim. 


I.— QUARTZ  MINING. 

3.  A  location  for  mining,  except  for  iron  and  mica,  on  veins, 
lodes  or  ledges  of  quartz  or  other  rock  in  place,  shall  not  exceed 
the  following  dimensions:  Its  length  shall  not  be  more  than 
1,500  feet,  its  breadth  not  more  than  600  feet;  its  surface  bound- 
aries  shall  be  four  straight  lines  and  the  side  lines  and  end  lines 
shall  be  parallel  lines,  except  where  prior  locations  may  pre- 
vent, in  which  case  it  may  be  of  such  shape  as  may  be  approved 
by  the  Superintendent  of  Mines.  Its  length  shall  not  be  more 
than  three  times  its  breadth.  Its  boundaries  beneath  the  sur- 
face shall  be  the  vertical  planes  in  which  its  surface  boundaries 
lie. 

4.  Any  person  having  discovered  a  mineral  deposit  may  ob- 
tain a  mining  location  therefor,  under  these  Regulations,  in  the 
following  manner: 

(a.)  Ke  shall  mark  the  location  on  the  ground  by  placing  at 
each  of  its  four  corners  a  wooden  post,  not  less  than  four  inches 
square,  driven  not  less  than  eighteen  inches  into  the  ground, 
and  showing  that  length  above  it.  If  the  ground  be  too  rocky 
to  admit  of  so  driving  such  posts,  he  shall  build  about  each  of 
them,  to  support  it  and  keep  it  in  place,  a  calm  or  mound  of 
stones,  at  least  three  feet  in  diameter  at  the  base,  and  eighteen 
inches  high.  If  the  location  be  timbered,  a  line  shall  be  run 
and  well  blazed  joining  the  said  posts.  If  it  be  not  so  timbered, 
and  the  ground  is  of  such  a  nature  that  any  one  post  cannot  be 
seen  from  the  ends  of  either  of  the  lines  which  form  the  angle 
at  which  the  said  post  is  placed,  posts  flattened  on  two  sides 
(such  flattened  portions  facing  the  directions  of  the  line)   shall 


130 


NORTHWEST  TERRITORY, 


be  planted  or  mounded  along  the  side  lines  wherever  necessary, 
so  that  no  difficulty  may  be  experienced  by  a  subsequent  pros* 
pector  or  explorer  in  discovering  or  following  the  boundaries  of 
any  location.  If  the  location  be  laid  out  with  its  boundaries 
due  north  and  south  and  east  and  west,  then  he  shall  mark  on 
the  post  designating  the  northeast  angle  of  the  location,  leg- 
ibly with  a  cutting  instrument,  or  with  colored  chalk,  his  name 
in  full,  the  date  of  such  marking,  and  the  letters  M.  L.  No.  i, 
to  indicate  that  the  post  is  mining  location  post  No.  i.  Pro- 
ceeding next  to  the  southeasterly  angle  of  the  location,  he  shall 
mark  the  post  planted  there  with  the  letters  M.  L.  No.  2,  and 
his  initials;  next  to  the  southwesterly  angle  of  the  location,  tht> 
post  planted  at  which  he  shall  mark  with  the  letters  M.  L.  No. 
3,  and  his  initials;  and  lastly,  to  the  northwesterly  angle  of  the 
location,  the  post  planted  at  which  he  shall  mark  with  the 
letters  M.  L.  No.  4,  and  his  initials.  If  the  location  be  laid  by 
other  than  due  north  and  south  and  eani  and  west  lines, 
the  first  mentioned  post  shall  be  the  one  at  the  northerly  angle; 
the  second  the  one  at  the  easterly  angle;  the  third  the  one  at 
the  southerly  angle;  and  the  fourth  the  one  at  the  westerly  angle. 
Furthermore,  on  the  face  of  each  post  which  face  shall  in  the 
planting  thereof  be  turned  towards  the  post  which  next  follows 
it  in  the  order  in  which  they  aie  named  and  numbered,  there 
shall  be  marked  in  figures  the  number  of  yards  distant  to  the 
next  following  post.  If  means  of  measurement  are  not  avail- 
able, the  distance  to  be  so  marked  on  each  of  the  posts  may  be 
that  estimated.  If  the  corner  of  a  location  falls  in  a  ravine,  bed 
of  a  stream,  or  any  other  situation  where  the  character  of  the 
locality  may  render  the  planting  of  a  post  impossible,  the  said 
corner  may  be  indicated  by  the  erection  at  the  nearest  suitable 
point  of  a  witness  post,  which  in  that  case  shall  contain  the 
same  marks  as  those  prescribed  in  this  clause  in  regard  to  cor> 
ner  posts,  together  with  the  letters  W.  P.,  and  an  indication  of 
the  bearing  and  distance  of  the  site  of  the  true  corner  from 
such  witness  post. 

(In  this  manner  any  subsequent  prospector,  informed  of  the 
Regulations,  will,  on  finding  any  one  of  the  posts  or  mounds, 
be  enabled  to  follow  them  all  round,  from  one  to  another,  and 
avoid  encroachment,  either  in  search  of  or  in  marking  out  an- 
other location  in  the  vicinity  for  himself.) 

(b)  Havincr  so  marked  out  on  the  ground  the  location  he  de- 


sires, 

the  i 

whici] 

ing  tc 

be  swi 

sworn 

ting  I 

as  nea 

niarke( 

declara 

(0 
a  receij 
"Nations 
represei 
cation  a 
as  herei 
date,  to 
tained  w 
said  five 
«'xpend  i 
hundred 
within    ej 
expenditi 
corrobora 
the  Agen 
ant  of  a 
schedule 
location  f 
(d)  An 
are   adjoir 
period  of 
locations, 
"lake  upo] 
ond  years 
required    fc 
said   locati 
fhe  form  I 
Agent  upo 
of  the  Clair 
"Pon  whicf 
|fcrm   E  in 


\ 


DOMINION  MINING   REGULATIONS. 


I3» 


ows 
here 
the 

ivaii- 
be 
bed 
the 
said 
table 
the 
cor- 

■on  o^ 
from 

j){  the 
lunds, 
and 
it  an- 

de- 


sires,  the  claimant  shall,  within  sixty  days  thereafter,  file  with 
the  Agent  in  the  Dominion  Lands  Office  for  the  district  in 
which  the  location  is  situate,  a  declaration  under  oath,,  accord- 
ing to  form  A  in  the  schedule  to  these  Regulations  (which  may 
be  sworn  to  before  the  said  Agent,  or  may  have  been  previously 
sworn  to  before  a  Justice  of  the  Peace  or  Commissioner),  set- 
ting fdrth  the  circumstances  of  his  discovery,  and  describing,, 
as  nearly  as  may  be,  the  locality  and  dimensions  of  the  locat  on 
marked  out  by  him  as  aforesaid;  and  shall,  along  with  such 
declaration,  pay  to  the  said  Agent  an  entry  fee  of  five  dollars. 

(c)  The  Agent  upon  such  payment  being  made  shall  grant 
a  receipt  according  to  the  form  B  in  the  schedule  to  these  Reg- 
ulations. This  receipt  shall  authorize  the  claimant,  his  legal 
representatives  or  assignees,  to  enter  into  possession  of  the  lo- 
cation applied  for,  and,  subject  to  its  renewal  from  year  to  year 
as  hereinafter  provided,  during  the  term  of  five  years  from  its- 
date,  to  take  therefrom  and  dispose  of  any  mineral  deposit  con- 
tained within  its  boundaries:  Provided  that  during  each  of  the 
said  five  years  after  the  date  of  such  receipt  he  or  they  shall 
expend  in  actual  mining  operations  on  the  claim  at  least  one 
hundred  dollars,  and  furnish  to  the  Agent  ui  Dominion  Lands 
within  each  and  every  year  a  full  detailed  statement  of  such 
expenditure,  which  evidence  shall  be  in  the  form  of  an  affidavit 
corroborated  by  two  reliable  and  disinterested  witnesses;  and 
the  Agent  shall  thereupon,  subject  to  the  payment  by  the  claim- 
ant of  a  fee  of  five  dollars,  issue  a  receipt  in  the  form  C  in  the 
schedule  hereto,  which  shall  entitle  the  claimant  to  hold  the 
location  for  another  year. 

(d)  Any  party  of  miners,  not  exceeding  four,  whose  claims 
are  adjoining,  and  each  of  which  has  been  entered  within  a 
period  of  three  months,  may,  for  the  better  development  of  their 
locations,  and  upon  being  authorized  to  do  so  by  the  Agent, 
make  upon  any  one  of  such  locations,  during  the  first  and  sec- 
ond years  after  entry,  but  not  subsequently,  the  expenditure 
required  by  these  Regulations  to  be  made  upon  each  of  the 
said  locations.  The  authority  herein  provided  for  shall  be  in 
the  form  D  in  the  schedule  hereto,  and  shall  be  granted  by  the 
Agent  upon  application  made  in  writing  to  that  effect  by  each 
of  the  claimants  interested,  and  payment  of  a  fee  of  five  dollars, 
upon  which  payment  the  Agent  shall  also  grant  a  receipt  in  the 
form   E  in  the  schedule  hereto:     Provided,   however,   that  the 


! 


fi 


133 


NORTHWEST  TERRITORY. 


expenditure  made  upon  any  one  location  shall  not  be  applicable 
in  any  manner  or  for  any  purpose  to  any  other  location. 

5.  At  any  time  before  the  expiry  of  five  years  from  the  date 
of  his  entry  for  his  mining  location,  the  claimant  shall  be  en- 
titled to  purchase  the  said  location  upon  filing  with  the  Agent 
proof  that  he  has  expended  not  less  than  five  hundred  dollars 
in  actual  mining  operations  on  the  same,  and  that  he  has  in 
every  other  respect  complied  with  the  requirements  of  these 
Regulations. 

6.  The  price  to  be  paid  for  a  mining  location  shall  be  at  the 
rate  of  five  dollars  per  acre,  cash. 

7.  On  making  the  application  to  purchase  a  mining  location, 
and  paying  the  price  therefor,  as  hereinbefore  provided,  the 
claimant  shall  also  deposit  with  the  Agent  the  sum  of  fifty 
dollars,  which  shall  be  deemed  payment  by  him  to  the  Govern- 
ment  for  the  survey  of  his  location:  and  upon  the  receipt  of  the 
plans  and  field  notes,  and  the  approval  thereof  by  the  Surveyor- 
General,  a  patent  shall  issue  to  the  claimant  in  the  form  F  in 
the  schedule  hereto.  If,  on  account  of  its  remoteness  or  other 
cause,  a  mining  location  cannot,  at  the  time  of  the  deposit  of 
fifty  dollars  by  the  applicant  for  the  purpose,  be  surveyed  by 
the  Government  for  that  sum,  he  shall  be  subject  to  the  alter- 
native of  waiting  until  the  employment  of  a  surveyor  by  the 
Government  on  other  work  in  the  vicinity  of  the  claim  renders 
it  convenient  to  have  the  survey  made  at  a  cost  not  exceeding 
fifty  dollars,  or  of  sooner  procuring,  at  bis  own  cost,  its  survey 
by  a  duly  commissioned  surveyor  of  Dominion  Lands,  under 
instructions  from  the  Surveyor-General:  in  the  latter  case,  on 
rece:  .  of  the  plans  and  field  notes  of  the  survey  and  approval 
thejreof  by  the  Surveyor  General,  as  hereinbefore  provided,  the 
claimant  shall  be  entitled  to  receive  his  patent,  and  to  have  re- 
turned to  him  the  fifty  dollars  deposited  by  him  to  defray  the 
cost  of  survey. 

8.  Should  the  claimant,  or  his  legal  representatives  as  afore- 
said, fail  to  prove  within  each  year  the  expenditure  prescribed, 
or  having  proved  such  expenditure,  fail  within  the  prescribed 
time  to  pay  in  full,  and  in  cash  to  the  Agent,  the  price  herein- 
before fixed  for  such  mining  location  and  also  to  pay  the  sum 
of  fifty  dollars  hereinbefore  prescribed  for  the  survey  of  his 
location,  then  any  right  on  the  part  of  the  claimant  or  of  his 
legal  representatives  in  the  location  or  claim  on  his   or  their  I 


part 
revert 
able  i 
tions, 
may  c 
(a) 
made  : 

confon 
■hall    I 

thereof 
necessa 
the  gro 
veyor, 
within  ( 
(ft)   I 
townshij 
protect  ] 
formity 
patent,  t 
terior,  be 
thereof.  i 
acting  ui 
».    WI 
ing  locat 
prove  he 
and  to  t 
scribed  ii 
10.    Prj 
acquire;   I 
ering,  wh< 
these  Reg 
»f  the  latte 
Provided, 
claimant  h 
and   fraudi 
and  demai 
quences,  h; 
his  applica 
>Qg  anothei 
IX.    Not 
any  Individ 


DOMINION  MINING  REGULATIONS. 


133 


part  to  acquire  it,  shall  lapse  and  the  location  shall  thereupon 
revert  to  the  Crown,  and  shall  be  held,  along  with  any  immov* 
able  improvements  thereon,  for  disposal,  under  these  Regula- 
tions, to  any  other  person,  or  as  the  Minister  of  the  Interior 
may  direct 

(a)  In  cases  where  applications  for  mining  locations  are 
made  in  respect  of  lands  within  surveyed  townships,  they  must 
conform  to  the  regular  system  of  surveys;  that  is,  the  location 
shall  be  either  legal  subdivisions  or  regular  subdivisions 
thereof;  and  prior  to  the  application  being  granted  it  shall  be 
necessary  to  stake  out  the  location,  at  least  approximately,  on 
the  ground,  and  it  shall  be  surveyed  by  a  Dominion  Land  Sur- 
veyor, acting  under  instructions  from  the  Surveyor-General, 
within  one  year  thereafter. 

(6)  If  applications  for  mining  locations  are  made  within  a 
township  of  which  at  least  one  boundary  has  been  surveyed,  to 
protect  himself  the  discoverer  may  stake  out  his  claim  in  con- 
formity with  these  Regulations;  but  before  the  issue  of  the 
patent,  the  claim  shall,  if  required  by  the  Minister  of  the  In- 
terior, be  described  by  legal  subdivisions  or  fractional  portions 
thereof,  upon  a  survey  made  by  a  Dominion  Land  Surveyor, 
acting  under  instructions  from  the  Surveyor-General. 

Q.  Where  two  or  more  persons  lay  claim  to  the  same  min- 
ing location,  the  right  to  acquire  it  shall  be  in  him  who  can 
prove  he  was  the  first  to  discover  the  mineral  deposit  involved 
and  to  take  possession,  by  demarcation,  in  the  manner  pre- 
scribed in  these  Regulations,  of  the  location  covering  it. 

10.  Priority  of  discovery  alone  shall  not  give  the  right  to 
acquire;  but  a  person  subsequently  and  independently  discov- 
ering, who  has  complied  with  the  other  conditions  prescribed  in 
these  Regulations,  shall  take  precedence  of  the  first  discoverer 
if  the  latter  has  failed  to  comply  with  the  said  other  conditions: 
Provided,  however,  that  in  any  case  where  it  is  proved  that  a 
claimant  has,  in  bad  faith,  used  the  prior  discovery  of  another, 
and  fraudulently  affirms  that  he  made  independent  discovery 
and  demarcation,  he  shall,  apart  from  any  other  legal  conse- 
quences, have  no  claim,  and  shall  forfeit  the  deposit  made  with 
his  application,  and  shall  be  absolutely  debarred  from  obtain- 
ing another  mining  location. 

11.  Not  more  than  one  mining  location  shall  be  granted  to 
any  individual  claimant  upon  the  same  lode  or  vein. 


«34 


NORTHWEST  TERRITORY. 


12.  Where  land  is  used  or  occupied  for  milling  purposes,  re- 
duction works,  or  other  purpose  incidental  to  mining  opera- 
tions«  either  by  the  proprietor  of  a  mining  location  or  other 
person,  such  land  may  be  applied  for  and  patented,  either  in 
connection  with  or  separate  from  a  mining  location,  in  the  man- 
ner hereinbefore  provided  for  the  application  for  and  the  pat- 
enting of  mining  locations,  and  may  be  held  in  addition  to  any 
such  mining  location;  but  such  additional  land  shall  in  no  case 
exceed  five  acres  in  extent,  and  shall  be  paid  for  at  the  same 
rate  as  a  mining  location. 

i.l.  The  Minister  of  the  Interior  may  grant  a  location  for 
the  mining  of  iron  and  mica  not  exceeding  i6o  acres  in  area, 
which  shall  be  bounded  by  due  north  and  south  and  east  and 
west  lines,  and  its  breadth  and  length  shall  be  equal:  Provided, 
that  should  any  person  making  an  application  purporting  to  be 
for  the  purpose  of  mining  iron,  thus  obtain,  whether  in  good 
faith  or  fraudulently,  possession  of  a  valuable  mineral  deposit 
other  than  iron,  his  right  in  such  deposit  shall  be  restricted  to 
the  area  hereinbefore  prescribed  for  other  minerals,  and  the  rest 
of  the  location  shall  thereupon  revert  to  the  Crown  for  such 
disposition  as  the  Minister  may  direct. 

14.  When  there  are  two  or  more  applicants  for  any  mining 
location,  no  one  of  whom  is  the  original  discoverer  or  his  as- 
signs, the  Minister  of  the  Interior,  if  he  sees  fit  to  dispose  of 
the  location,  shall  in/ite  their  competitive  tenders,  or  shall  put 
it  up  to  public  tender  or  auction  as  he   may  deem   expedient. 

i5>  An  assignment  of  the  right  to  ourchs^e  a  mining  lo<~^- 
tion  shall  be  endorsed  on  the  back  of  the  receipt  or  certificate 
of  assiFcnment  (Forms  B  and  G,  in  the  schedule  hereto)  and  the 
execution  thereof  shall  be  attested  by  two  disinterested  wit- 
nesses: upon  the  deposit  of  the  receipt  or  certificate  with  such 
assignment  executed  and  attested  as  herein  provided,  in  the 
office  of  the  Agent,  accompanied  by  a  registration  fee  of  two 
dollars,  the  Agent  shall  give  to  the  assignee  a  receipt  in  the 
form  G  in  the  schedule  hereto,  which  certificate  shall  entitle  the 
assignee  to  all  the  rights  and  privileges  of  the  original  discov- 
erer in  respect  of  the  claim  assigned;  and  the  said  assign- 
ment shall  be  forwarded  to  the  Minister  of  tbt  Interior  by 
the  Agent,  at  the  same  time  and  in  like  manner  as  his  other 
returns  respecting  Dominion  Lands,  and  shall  be  registered 
in  the  Department  of  the  Interior;    and  no  assignment  of  the 


righf  t 
and  in 
clause, 
vided  1 
the  Dc] 

16.  ; 

by  the 
and  sue 
fore   pr< 

fegulatit 
price  an 


17.    Tl 

Quartz  JW 

they  relat 

cations,  a 

plied,    sav 

Regulation 
pages  116.] 


18.    The 
(o)  For 
^ater  marl 
water  Itvel 
Cb)  For 
(c)  "Cre. 
"red  in  the 
shall  extent 
on  each  sid 
feet  apart  t 
ever,   that 
of  the  hill 
laid  out  in 
*«"eas  to  be 
•f  within   sul 
consist    of 


DOMINION    MINING   REGULATIONS. 


135; 


right  to  purchase  a  mining  location  which  is  not  unconditional 
and  in  all  respects  in  accordance  with  the  provisions  of  this 
clause,  and  accompanied  by  the  registration  fee  herein  pro- 
vided for,  shall  be  recognized  by  the  Agent  or  registered  in 
the  Department  of  the  Interior. 

16.  If  application  be  made  under  the  next  preceding  clause 
by  the  assignee  of  the  right  to  purchase  a  mining  location, 
and  such  claim  is  duly  recognized  and  registered,  as  hereinbe- 
fore  provided,  such  assignee  shall  by  complying  with  these 
regulations  become  entitled  to  purchase  the  location  for  the 
price  and  on  the  terms  prescribed  theireby. 


II.-PLACEll  MINING. 

17.  The  regulations  hereinbefore  laid  down  in  respect  of 
Quartz  Mining  shall  be  applicable  to  Placer  Mining  so  far  as 
they  relate  to  entries,  entry  fees,  assignments,  marking  of  lo* 
cations,  agents'  receipts,  and  generally  where  they  can  be  ap- 
plied, save  and  except  as  otherwise  herein  provided.  (See 
Regulations  on  Yukon  and  Saskatchewan  Districts,  1897,  ante 
pages  116-124.) 


NATURE  AND   SIZE   OF  CLAIMS. 

18.    The  size  of  claims  shall  be  as  follows: — 
(a)  For  "bar  dif[;gings,"  a  strip  of  land  100  feet  wide  at  high 
water  mark,  and  thence  extending  into  the  river  to  its  lowest 
water  level. 

(6)  For  "dry  diggings,"    100  feet  square.  > 

(c)  "Creek  and  river  claims"  shall  be  100  feet  long,  meas- 
ured in  the  direction  of  the  general  courac  of  the  stream,  and 
shall  extend  in  width  from  base  to  base  of  the  hill  or  bench 
on  each  side,  but  when  the  hills  or  benches  are  less  than  100 
feet  apart  the  claim  shall  be  100  feet  square:  Provided,  how- 
ever, that  in  any  case  where  the  distance  from  base  to  base 
of  the  hill  or  bench  exceeds  ten  chains,  such  claims  shall  be 
laid  out  in  areas  of  teu  acres  each,  the  boundaries  of  such 
areas  to  be  due  north  and  south  and  east  and  west  lines,  and 
if  within  surveyed  territory  the  said  area  of  ten  acres  shall 
consist    of    one-fourth    of    a    legal    subdivision,    and    shall    be 


136  NORTHWEST  TEKRITORY. 

markcu  on  the  ground  in  the  manner  prescribed  by  these  Reg- 
ulations for  marking  quartz  mining  locations:  Provided,  fur- 
ther, that  any  such  claim  intersected  by  a  creek  or  river,  shall, 
in  addition  to  the  stakes  at  the  four  corners  thereof,  have  the 
points  at  which  its  boundaries  may  be  intersected  by  the  high 
water  mark  of  the  creek  or  river,  -on  both  sides  of  the  creek  or 
river,  designated  by  posts  of  the  same  size  which  shall  be 
driven  into  the  ground  the  same  depth  and  showing  the  same 
length  above  it  as  the  posts  prescribed  by  these  regulations 
in  respect  of  quartz  mining  locations,  and  the  said  posts  shall 
have  marked  upon  them  legibly,  with  a  cutting  instrument  or 
with  colored  chalk,  the  name  of  the  claimant  in  full  and  the 
date  of  such  marking. 

id)  "Bench  claims"   shall  be  loo  feet  square. 

(e)  Every  claim  on  the  face  of  any  hill,  and  fronting  ou 
any  natural  stream  or  ravine,  shall  have  a  frontage  of  loo  feet 
drawn  parallel  to  the  main  direction  thereof,  and  shall  *■  a  laid 
out.  as  nearly  as  possible,  in  the  manner  prescribed  by  sec- 
tion 4  of  these  Regulations. 

(f)  If  any  person  or  persons  shall  discover  a  new  mine, 
and  such  discover}'  shall  be  established  to  the  satisfaction  of 
the  Agent,  claims  of  the  following  size,  in  dry,  bar,  bench, 
creek,  or  hill  diggings,  shall  be  allowed: — 

To  on*!  discoverer 300  feet  in  length 

To  a  party  of  two 600  " 

"  three 800  " 

"  four 1,000  ** 

and  to  each  member  of  a  party  beyond  four  in  number,  a 
claim  of  the  ordinary  size  only. 

A  new  stratum  of  auriferous  earth  or  gravel,  situated  in  » 
locality  where  the  claims  are  abandoned,  shall  for  tl  '3  pur* 
pose  be  deemed  a  new  mine,  although  the  same  locality  shall 
have  been  previously  worked  at  a  different  level;  and  dry  dig- 
gings discovered  in  the  vicinity  of  bar  diggings  shdl  be 
deemed  a  new  nilne,  and  vice  versa. 


RIGHTS  AND   DUTIES   OF   MINERS. 

10.  The  forms  of  application  for  a  grant  for  placer  mining, 
end  the  grant  of  the  same,  shall  be  those  contained  in  forms 
H  and  I  in  the  schedule  hereto. 


20. 

must 

every 

21. 

claim 

numb< 

may  ti 

as   the 

with  t] 

Iration. 

22. 
of  his 
with  ai 
thereup 
scheduh 
as.    I 
have  th( 
miner-Iil 
thereon, 
realized 
in;  and 
oi  adjac* 
soluteiy 
terms  as 

the  walet 
alread/ 

Supt  jut* 
thrt     , 
chfe;g 

as.    A 

occupatioi 
remained 
'or  the  s 

reasonable 
leave. 

36.    A 

til  ::.>U9ly, 

vj..i:>-'    by 

^'y-    In 
angles  occi 


1 


■n 


DOMINION    MINING   REGULATIONS. 


^37 


20.  The  entry  of  every  holder  of  a  grant  for  placer  mining 
must  be  renewed  and  his  receipt  relinquished  and  replaced 
every  year,  the  entry  fee  being  paid  each  time. 

21.  No  miner  shall  receive  a  grant  of  more  than  one  mining 
claim  in  the  same  locality,  but  the  same  Ainer  may  hold  any 
number  of  claims  by  purchase,  and  any  ntimber  of  miners 
may  unite  to  work  their  claims  in  common  tipon  such  terms 
as  they  may  arrange,  provided  such  agreement  be  registered 
with  the  Agent,  and  a  fee  of  five  dollars  paid  for  eiuA  regis- 
tration. 

22.  Any  miner  or  miners  may  sell,  mortgage,  or  dispose 
of  his  or  their  claims,  provided,  such  disposal  be  r<H|[istered 
with  and  a  fee  of  two  dollars  paid  to  the  Agent,  who  shall 
thereupon  give  the  assignee  a  certificate  in  form  J  in  the 
schedule  hereto. 

23.  Every  miner,  shall,  during  the  continuance  of  his  grant, 
have  the  exclusive  right  of  entry  upon  his  own  claim,  for  the 
miner-like  working  thereof,  and  the  construction  of  a  residence 
thereon,  and  shall  be  entitled  exclusively  to  all  the  proceeds 
realized  therefrom;  but  he  shall  have  no  surface  rights  there* 
in;  and  the  Superintendent  of  Mines  may  f^jtait  to  th;  holders 
of  adjacent  claims  such  right  of  entry  thereon  as  may  be  ab- 
solutely necessary  for  the  v/orking  of  their  claims,  upon  such 
terms  as  may  to  him  seem  reasonable. 

24.  Every  miner  shall  be  entitled  to  the  use  of  so  much  of 
the  water  naturally  flowing  through  or  past  his  clain;;,  and  not 
already  }?iwfully  appropriated,  as  shall,  in  the  opinion  of  the 
Sup(  iul>;rdent  of  Mines,  be  necessary  for  the  due  working 
\hr  ;     ,   ^nd  shall  be  entitled  to  drain  his  own  claim  free  of 

ch&:£:  . 

25.  A  ct- :m  shall  be  deemed  to  be  abandoned  and  open  to 
occupation  and  entry  by  any  person  when  the  same  shall  have 
remained  unworked  on  working  days  by  the  grantee  thereof 
for  the  space  of  seventy-two  hours,  unless  sickn'iss  or  other 
reasonable  cause  be  shown,  or  unles'>  the  grantee  is  absent  on 
leave. 

26.  A  claim  granted  under  these  Regulations  shall  be  con- 
tin  :.^usly«  and  in  good  faith,  worked,  except  as  otherwise  pro- 
V!  .>'    by  the  grantee  thereof  or  by  some  person  on  his  behalf. 

ij.  In  tunneling  under  hills,  on  the  frontage  of  which 
angles  occur  or  which  may  be  of  an  oblong  or  elliptical  form, 


ijS 


NORTHWEST  TERRITORY. 


no  party  shall  be  allowed  to  tunnel  from  any  of  the  said  an- 
gles, or  from  either  end  of  such  hills,  so  as  to  interfere  witn 
parties   tunneling  from  the   main   frontage. 

28.  Tunnels  and  shafts  shall  be  considered  as  belonging  to 
the  claim  for  the  use  of  which  they  are  constructed,  and  as 
abandoned  or  forfeited  by  the  abandonment  or  forfeiture  of 
the  claim  itself. 

'  2Q.  For  the  more  convenient  working  of  back  claims  on 
benches  or  slopes,  the  Superintendent  of  Mines  may  permit 
the  owners  thereof  to  drive  a  tunnel  through  the  claims  front* 
ing  on  any  creek,  ravine,  or  water-course,  upon  such  terms  as 
he  may  deem  ex^  "^dient. 


ADMINISTRATION. 

so.  In  case  of  the  death  of  any  miner  while  entered  as  a 
holder  of  any  mining  claim,  the  provisions  as  to  abandonment 
shall  not  apply  either  during  his  last  illness  or  after  his  de- 
cease. 

31.  The  Minister  of  the  Interior  shall  take  possession  of 
the  mining  property  of  the  deceased,  and  may  cause  such  min* 
ing  property  tj  be  duly  worked,  or  dispense  therewith,  at  his 
option;  and  he  shall  sell  the  property  by  priva'e  sale,  or 
after  ten  days'  notice  thereof,  by  public  auction,  upon  such 
terms  as  he  shall  d^'em  just,  and  out  of  the  proceeds  pay  all 
costs  and  charges  incurred  thereby,  and  pay  the  balance,  if 
sny,  to  the  legal  representatives  of  the  said  deceased  miner.     « 

32.  The  Minister  of  the  Interior,  or  any  person  authorized 
by  him,  shall  take  charge  of  all  the  property  of  deceased  min- 
ers until  the  issue  of  letters   of  administration. 


III.— BED-ROCK  FLUMES. 

33.  It  shall  be  lawful  for  the  Minister  of  the  Interior,  up- 
on the  application  hereinafter  mentioned,  to  grant  to  any  bed- 
rock flume  company,  for  any  term  not  exceeding  five  years, 
exclusive  rights  of  way  through  and  entry  upon  any  mining 
ground  for  the  purposes  of  constructing,  laying  and  maintain- 
ing bed-rock  flumes. 


34. 
a     bed 
for  su< 
nature 
Ten    ft 

months 
Novem 
affixing 
of  the 
spicuou 
trict.  I 
shall  b< 
(a)  of 
tent  for 
times  h( 
tion,  b 
granted, 
by  a  dei 
be  refus( 

35.  £ 
in   the   s 

36.  T] 
company' 
tlieir  cla] 
Jng  the  c 
they  sha 
thorough 
company. 

37.  E\ 
i'eet  of  fl 
nually    th 

38.  Ar 
rock  flum 
lies  and  j 
struct  fh« 
ders   or   0 

39-    Up 
Pany,   the 

sHaII    pi^y 

pay  in  at 
mJIe  of  rtl 


•#• 


DOMINION    MINING   REGULATIONS. 


139 


24'  Three  or  more  persons  may  constitute  themselves  into 
a  bed-rock  flume  company;  and  every  application  by  them 
for  such  grant  shall  state  the  names  of  the  applicants  and  the 
nature  and  extent  of  the  privileges  sought  to  be  acquired. 
Ten  full  days'  notice  thereof  shall  be  given  between  the 
months  of  June  and  November,  and  between  the  months  of 
November  and  June  one  month's  notice  shall  be  given,  by 
affixing  the  same  to  a  post  planted  in  some  conspicuous  part 
of  the  ground  or  to  face  of  the  rock,  arid  a  copy  thereof  con- 
spicuously upon  the  inner  walls  of  the  Land  Office  of  the  dis- 
trict.  Prior  to  such  application,  the  ground  included  therein 
^hall  be  marked  out  in  the  manner  prescribed  in  sub-clause 
(a)  of  clause  four  of  these  Regulations.  It  shall  be  compe- 
tent for  any  person  to  protest  before  the  Agent  within  the 
times  hereinbefore  prescribed  for  the  notice  of  such  applica- 
tion, but  not  afterwards,  against  such  application  being 
granted.  Every  application  for  a  grant  shatl  be  accompanied 
by  a  deposit  of  $100,  which  shall  be  returned  if  the  application 
be   refused,   but  not   otherwise. 

35.  Every  such  grant  shall  be  in  writing,  in  the  form  K, 
in  the  schedule  hereto. 

26.  The  holders  of  claims  through  which  the  line  of  the 
company's  flume  is  to  run  may  put  in  a  bed-rock  flume  in 
their  claims  to  connect  with  the  company's  flume,  upon  giv- 
ing the  company  ten  days'  notice  in  writing  to  that  effect;  but 
they  shall  maintain  the  like  grade,  and  build  their  flume  as 
thoroughly,  and  of  as  strong  materials,  as  that  built  by  such 
company. 

37.  Every  bed-rock  flume  company  shall  lay  at  least  fifty 
feet  of  flume  during  the  first  year  and  one  hundred  feet  an- 
nually   thereafter,    until    completion    of   the    flume. 

38.  Any  miners  lawfully  working  any  claims  where  a  bed- 
rock flume  exists,  shall  be  entitled  to  tail  their  sluices,  hydrau- 
lics and  ground  sluices  into  such  flume,  but  so  as  not  to  ob- 
struct the  free  working  of  such  flume  by  rocks,  stones,  boul- 
ders or  otherwise. 

39.  Upon  a  grant  being  made  to  any  bed-rock  flume  com- 
pany, the  Agent  shall  register  the  same,  and  the  company 
sh»ll  pay  for  such  registration  a  fee  of  $10.  They  shall  also 
pay  in  advance  an  annual  rent  of  $10  for  each  quarter  of  a 
mile  of  right  of  way  legally  held  by  them. 


\ 


< 


,/ 


140 


NORTHWEST  TERRITORY. 


w 


IV.— DRAINAGE  OF  MINES. 

40.  The  Minister  of  the  Interior  may  grant  to  any  person 
or  persons  permission  to  run  a  drain  or  tunnel  for  drainage 
purposes  through  any  occupied  mining  land,  and  may  give 
such  persons  exclusive  rights  of  way  through  and  entry  upon 
any  mining  ground  for  any  term  not  exceeding  five  years,  for 
the  purpose  of  constructing  a  drain  or  drains  for  the  drain- 
age thereof. 

41.  The  grantee  shall  compensate  the  owners  of  lands  or 
holders  of  claims  entered  upon  by  him  for  any  damage  they 
may  sustain  by  the  construction  of  such  tunnel  or  drain,  and 
such  compensation  if  not  agreed  upon,  shall  be  settled  by 
the  Superintendent  of  Mines,  and  be  paid  before  such  drain 
or  tunnel  is  constructed. 

4a.  Such  drain  or  tunnel,  when  constructed,  shall  be 
deemed  to  be  the  property  of  the  person  or  persons  by  whom 
it  shall  have  been  so  constructed. 

4J.  Every  application  for  a  grant  shall  state  the  names  of 
the  applicants,  the  nature  and  extent  of  the  proposed  drain  or 
drains,  the  amount  of  toll  (if  any)  to  be  charged,  and  the  priv- 
ileges sou<.j^  to  be  acquired,  and  shall,  save  where  the  drain 
is  intended  only  for  <he  drainage  of  the  claim  of  the  person 
constructing  the  same,  be  accompanied  by  a  deposit  of  $25, 
which  shall  be  refunded  in  case  the  application  is  refused,  but 
not  otherwise.  Notice  of  the  application  shall  be  given  and 
protests  may  be  made  in  the  same  manner  as  provided  in  re- 
gard to  bed-rock  flumes. 

44.  The  grant  of  the  right  of  way  to  construct  drains  and 
tunnels  shall  b^  made  in  the  form  L  in  the  schedule  hereto. 
The  grant  shall  be  registered  by  the  grantee  in  the  office  of 
the  Agent,  to  whom  he  shall  at  the  time  pay  a  registration 
fee  of  $5,  or,  if  the  grant  gives  power  to  collect  tolls,  a  fee 
of  $10.  An  annual  rent  of  $10  shall  be  paid,  in  advance,  by 
the  said  grantee  for  each  quarter  of  a  mile  of  right  of  way 
legally  held  by  him.  save  where  the  drain  shall  be  for  the  pur- 
pose of  draining  only  the  claim  of  the  person  constructing 
the  same. 


F 


DOMINION   MINING  REGULATIONS. 


v.— DITCHES. 


I4> 


45.  The  Minister  of  the  Interior  may,  upon  application 
hereinafter  mentioned,  grant  to  any  person  or  persons,  for  any 
term  not  exceeding  five  years,  or  in  special  cases  for  such 
length  of  time  as  he  may  determine,  the  right  to  divert  and 
use  the  water  from  any  stream  or  lake,  at  any  particular  part 
thereof,  and  the  right  of  way  through  and  entry  upon  any 
mining  ground,  for  the  purpose  of  constructing  ditches  and 
flumes  to  convey  such  water:  Provided  always,  that  every 
such  grant  shall  be  deemed  as  appurtenant  to  the  mining 
claim  in  respect  of  which  it  has  been  obtained,  or  is  re* 
quired  in  connection  with  reduction  works,  sampling  works, 
stamp  mill,  concentrating  works,  or  other  works  connected 
with  mining  operations;  and  whenever  the  claim  shall  have 
been  worked  out  or  abandoned,  or  whenever  the  occasion  for 
the  use  of  such  water  upon  the  claim  or  in  connection  with 
such  works  shall  have  permanently  ceased,  the  grant  shall 
cease  and  determine. 

46.  Twenty  days'  notice  of  the  application  shall  be  given, 
in  accordance  with  form  M  in  the  schedule  to  these  Regula* 
tions,  by  affixing  the  same  to  a  post  planted  in  some  conspic- 
uous part  of  the  ground,  and  a  copy  thereof  conspicuously 
posted  upon  the  inner  walls  of  the  Land  Office  for  the  dis- 
trict, and  any  person  may  protest  within  such  twenty  days, 
but  not  afterwards,  against  such  application  being  wholly  or 
partially  granted. 

47.  Every  application  for  a  grant  of  water  exceeding  200 
inches  shall  be  accompanied  by  a  deposit  of  $25,  which  shall 
be  refunded  in  case  the  application  is  refused,  but  not  other- 
wise. 

48.  Every  such  application  shall  state  the  names  of  the 
applicants,  the  name  or  description  of  the  stream  or  lake  to 
be  diverted,  the  quantity  of  water  to  be  taken,  the  locality 
for  its  distribution,  the  price  (if  any)  to  be  charged  for  the 
use  of  such  water,  and  the  time  necessary  for  the  comple- 
tion of  the  ditch.  The  grant  shall  be  in  the  form  N  in  the 
schedule  hereto. 

49.  Every  grant  oi  a  water  privilege  on  occupied  creeks 
shall  be  subject  to  the  rights  of  such  miners  as  shall,  at  the 
time  of  such  grant,  be  working  on  the  stream  above  or  below 


143 


NORTHWEST  TERRITORY. 


the   ditch   head,  and  of  any  other  persons   lawfully  using   such 
water    for   any    purpose    whatsoever. 

so.  If  after  the  grant  has  been  made,  any  miner  or  miners 
locate  and  bona  fide  work  any  mining  claim  below  the  ditch 
head,  on  any  stream  so  diverted,  he  or  they  collectively  shall 
be  entitled  to  40  inches  of  water  if  200  inches* be  diverted,  and 
60  inches  if  300  inches  be  diverted,  and  no  more,  except  upon 
paying  to  the  owner  of  the  ditch,  and  all  other  persons  inter- 
ested therein,  compensation  equal  to  the  amount  of  damage 
sustained  by  the  diversion  of  such  extra  quantity  of  water  as 
may  be  required;  and  in  computing  such  damage,  the  loss 
sustained  by  any  claims  using  water  therefrom,  and  all  other 
reasonable  losses,  shall  be  considered. 

51.  No  person  shall  be  entitled  to  a  grant  of  the  water  of 
any  stream  for  the  purpose  of  selling  the  water  to  present  or 
future  claim  holders  on  any  part  of  such  stream.  The  Min- 
ister of  the  Interior  may,  however,  grant  such  privileges  as 
he  may  deem  just,  when  such  ditch  is  intended  to  work  bench 
or  hill  claims  fronting  on  any  such  stream,  provided  that  the 
rights  of  miners  then  using  the  water  so  applied  for  be  pro- 
tected. 

52.  The  Minister  of  the  Interior  may,  on  the  report  of  the 
Superintendent  of  the  Mines  that  such  action  is  desirable, 
order  the  enlargement  or  alterations  of  any  ditch,  and  fix  the 
compensation  (if  any)  to  be  paid  by  parties  to  be  benefited 
thereby. 

53.  Every  owner  of  a  ditch  or  water  privilege  shall  take 
all  reasonable  means  for  utilizing  the  water  granted  to  him; 
and,  if  he  wilfully  take  end  waste  any  unreasonable  quantity 
of  water,  the  Minister  may,  if  such  offense  be  persisted  in, 
declare  all  rights  to  the  water  forfeited. 

54.  'i'he  owner  of  any  ditch  or  water  privilege  may  distrib- 
ute the  water  to  such  persons  and  on  such  terms  as  he  may 
deem  advisable,  within  the  limits  mentioned  in  this  grant: 
Provided  always,  that  such  owner  shall  be  bound  to  supply 
water  to  all  miners  who  make  application  therefor  in  a  fair 
proportion,  and  shall  not  demand  more  from  one  person  than 
from  another,  except  where  the  difficulty  of  supply  is  en- 
hanced. 

55.  Any  person  desiring  to  bridge  any  stream,  claim  or 
other   place,    for   any   purpose,    or   to   mine   under   or   through 


DOMINION  Mining  regulations. 


143 


any  ditch  or  flume,  or  to  carry  water  through  or  over  any 
land  already  occupied,  may,  in  proper  cases,  do  so  ^vith  the 
written  sanction  of  the  Superintendent  of  Mines.  In  all  such 
cases  the  right  of  the  party  first  in  possession  shall  nrevail 
so  as  to  entitle  him  to  compensation  if  the  same  be  fust. 

56.  In  measuring  water  in  any  ditch  or  sluice,  the  following 
rules  shall  be  observed:  The  water  taken  into  a  ditch  or  sluice 
shall  be  measured  at  the  ditch  or  sluice  head;  no  water 
shall  be  taken  into  a  ditch  or  sluice  except  in  a  trough  placed 
horizontally  at  the  place  at  which  the  water  enters  it,  and 
which  trough  shall  be  extended  two  feet  beyond  the  orifice  for 
the  discharge  of  the  water;  one  inch  of  water  shall  mean  the 
quantity  that  shall  pass  through  a  rectangular  orifice  two  inches 
high  by  half  an  inch  wide,  with  a  constant  head  of  seven  inches 
above  the  upper  side  of  the  orifice. 

57.  Whenever  it  shall  be  intended,  in  forming  or  upholding 
any  ditch,  to  enter  upon  and  occupy  any  part  of  an  entered 
claim,  or  to  dig  or  loosen  any  earth  or  rock,  within  four  feet 
of  any  ditch  not  belonging  solely  to  the  registered  owner  of 
such  claim,  three  days'  notice,  in  writing,  of  such  intention 
shall  be  given  before  entering  or  approaching  within  four  feet 
of  such  other  property. 

58.  Any  person  engaged  in  the  construction  of  any  road  or 
work  may,  with  the  sanction  of  the  Minister  of  the  Interior, 
cross,  divert,  or  otherwise  interfere  with  any  ditch,  water  privi- 
lege or  other  mining  rights  whatsoever,  for  such  period  as  the 
Minister  shall   approve. 

59.  The  Minister  shall  order  what  compensation  for  every 
such  damage  or  interference  shall  be  paid,  and  when,  and  to 
whom,  and  whether  any  and  what  works,  damaged  or  affected 
by  such  interference  as  aforesaid,  shall  be  replaced  by  flumes 
or  otherwise  repaired  by  the  person  or  persons  causing  any 
such   damage. 

60.  The  owners  of  any  ditch,  water  privilege,  or  mining 
right  shall,  at  their  own  expense,  construct,  secure  and  main- 
tain all  culverts  necessary  for  the  passage  of  waste  and  super- 
fluous water  flowing  through  or  over  any  such  ditch,  water 
privilege  or  right. 

61.  The  owners  of  any  ditch  or  water  privilege  shall  con- 
struct and  secure  the  same  in  a  proper  and  substantial  manner, 
and  maintain  the  same  in  good  repair,  to  the  satisfaction  of  the 


144 


NORTHWEST  TERRITORY. 


Superintendent  of  Mines,  and  so  that  no  damage  shall  occur 
to  any  road  or  work  in  its  vicinity  from  any  part  of  the  works 
of  such  ditch,  water  privilege  or  right. 

6a.  The  owners  of  any  ditch,  water  privilege  or  right,  shall 
be  liable,  and  shall  make  good  in  such  manner  as  the  Superin* 
tendent  of  Mines  shall  determine,  all  damages  which  may  be 
occasioned  by  or  through  any  part  of  the  works  of  such  ditch, 
water  privilege,  or  right,  breaking  or  being  imperfect. 

63.  Nothing  herein  contained  shall  be  construed  to  limit  the 
right  of  the  Lieutenant-Governor  of  the  Northwest  Territories 
in  Council,  or  of  the  proper  authority  in  any  Province  contain- 
ing Dominion  Lands,  to  lay  out,  from  time  to  time,  public 
roads  across,  through,  along,  or  under  any  ditch,  water  privi- 
lege or  mining  right,  without  compensation. 


VL-GENERAL  PROVISIONS. 


Interpretation. 

64.  In  these  Regulations  the  following  expressions  sha'i. 
have  the  following  meanings  respectively,  unless  inconsistent 
with  the  context: — 

"Minister"  shall  mean  the  Minister  of  the  Interior. 

"Agent"  or  "Local  Agent"  shall  mean  the  Agent  of  Domin- 
ion Lands  for  the  district,  or  other  ofHcer  appointed  by  the 
Government  for  the  particular  purpose  referred  to. 

"Mineral"  shall  include  all  minerals  whatsoever  other  than 
coal. 

"Close  Season"  shall  mean  the  period  of  the  year  during 
which  placer  mining  is  generally  suspended. 

"Miner"  shall  mean  a  person  holding  a  mining  location  or  a 
grant  for  placer  mining. 

"Claim"  shall  mean  the  personal  right  of  property  in  a 
placer,  mine  or  diggings  during  the  time  for  which  the  grant 
of  such  mine  or  diggings  is  made. 

"Claimant"  shall  mean  a  person  who  has  obtained  an  entry 
for  a  mining  location  with  a  view  to  patent. 

"Bar  Diggings"  shall  mean  any  mine  over  which  a  river  ex- 
tends when  in  its  flooded  state. 


DOMINION   MINING  REGULATIONS. 


MS 


"iDry  Diggings"  shall  mean  any  mine  over  which  a  river 
never  extends. 

The  mines  on  benches  shall  be  known  as  "Bench  Dig- 
gings," and  shall,  for  the  purpose  of  defining  the  sixe  of  such 
claims,  be  excepted  from  "Dry  Diggings." 

"Streams  and  Ravines"  shall  include  water-courses,  whether 
usually  containing  water  or  not,  and  all  rivers,  creeks  and 
gulches. 

"Ditch"  shall  include  a  flume  or  race,  or  other  artificial 
means  for  conducting  water  by  its  own  weight,  to  be  used  for 
mining   purposes. 

"Ditch  Head"  shall  mean  the  point  in  a  natural  water-course 
or  lake  where  water  is  first  taken  into  a  ditch. 

"Placer  Mining"  shall  mean  the  working  of  all  forms  of  de- 
posits,  excepting  veins  of  quartz  or  other  rock  in  place. 

"Quartz  Mining"  shall  mean  the  working  of  veins  of  quartz 
or  other  rock  in  place. 

"Location"  shall  mean  the  land  entered  by,  or  patented  to, 
any  person  for  the  purpose  of  quartz  mining. 

hearing' AND  DECISION  OF  DISPUTES. 

65.  The  Superintendent  of  Mines  shall  have  power  to  hear 
and  determine  all  disputes  in  regard  to  mining  property  arising 
within  his  district,  subject  to  appeal  by  either  of  the  parties 
to  the  Commissioner  of  Dominion  Lands. 

66.  No   particular    forms   of   procedure    shall    be   necessary,  ' 
but  the  matter  complained  of  must  be   properly  expressed   in 
writing,  and  a  copy  of  the  complaint  shall  be   served   on  the 
opposite  party  not  less  than  seven  days  before  the  hearing  of 
the  said  complaint. 

67.  The  complaint  may,  by  leave  of  the  Superintendent  of 
Mines,  be  amended  at  any  time  before  or  during  the  proceed- 
ings. 

68.  The  complainant-  shall,  at  the  time  of  filing  hir.  Cum- 
plaint,  deposit  therewith  a  bond-fee  of  $20,  which  shall  u^  re* 
turned  to  him  if  the  complaint  proves  to  have  been  well 
founded,  and  not  otherwise,  except  for  special  cause,  by  direo* 
tion  of  the  Minister  of  the  Interior. 

69.  In  the  event  of  the  decision  of  the  Superintendent  of 
Mines  being  made  the  subject  of  an  appeal  to  the  Commis- 
sioner of  Dominion  Lands,  the  appellant  shall,  at  the  time  of 
lodging  the  appeal,   deposit  with  the  Agent  a  bond-fee  of  $ao, 

10 


146 


NORTHWEST  TERRITORY. 


which  shall  be  returned  to  the  said  appellant  if  his  appeal 
proves  to  have  been  well  founded,  and  not  otherwise,  except 
for  special  cause,  by  direction  of  the  Minister  of  the  Interior. 

70.  The  appeal  must  be  in  writing  and  must  be  lodged  with 
the  Superintendent  of  Mines  not  more  than  three  days  after  his 
decision  has  been  communicated  in  writing  to  all  the  parties 
interested,  and  must  state  the  grounds  upon  which  the  said 
decision  i.\  appealed  from. 

71.  If  tiie  Commissioner  of  Dominion  Lands  decides  that  it 
is  necessary  to  a  proper  decision  of  the  matter  in  issue  to  have 
an  investigation  on  the  ground,  or,  in  cases  of  disputed  bound- 
aries  or  measurements,  to  employ  a  surveyor  to  measure  or 
survey  the  land  in  question,  the  expenses  of  the  inspection  or 
re-measurement  or  re-survey,  as  the  case  may  be,  shall  be 
borne  by  the  litigants,  who  shall  pay  into  the  hands  of  the  said 
Commissioner,  in  equal  parts,  such  sum  as  he  may  think  suffi- 
cient for  the  same,  before  it  takes  place;  otherwise,  it  shall  not 
proceed,  and  the  party  who  refuses  to  pay  such  sum  shall  be 
adjudged  in  default.  The  said  Commissiotier  shall  subse- 
quently decide  in  what  proportion  the  said  expense  should  be 
borne  by  the  parties  respectively,  and  the  surplusage,  if  any» 
shall  then  be  returned  to  the  parties,  as  he  may  order. 

72.  All  bond-fees  adjudged  as  forfeited  and  all  payments  re- 
tained under  the  last  preceding  section,  shall,  as  soon  as  de- 
cision has  been  rendered,  and  all  entry  and  other  fees  or 
moneys  shall,  as  soon  as  they  have  been  received  by  him,  be 
paid  by  the  said  Agent  or  Commissioner  to  the  credit  of  the 
Receiver-General  in  the  same  manner  as  other  moneys  re- 
ceived by  him  on  account  of  Dominion  Lands. 


LEAVE  OF  ABSENCE. 

73.  The  Agent  in  each  district  shall,  under  instructions 
from  the  Minister  of  the  Interior,  declare  the  close  season  in 
his  district. 

74.  Each  holder  of  a  mining  location  or  of. a  grant  for  placer 
mining  shall  be  entitled  to  be  absent  from  his  mining  location 
or  diggings  and  to  suspend  work  thereon  during  the  close 
season. 

75.  The  Agent  shall  have  power  to  grant  leave  of  absence 
to  the  holder  of  a  mining  location  or  grant  for  placer  mining 


\ 


DOMINION   MINING  REGULATIONS. 


«4f 


pending  the  decision  of  any  dispute  in  which  he  is  concerned 
under  these  Regulations. 

76.  In  cases  where  water  is  necessary  to  the  continuance 
of  mining  operations,  and  the  supply  of  water  is  insufficient* 
the  Superintendent  of  Mines  shall  have  power  to  grant  leave 
of  absence  to  the  ho.lder  of  the  grant  during  such  insufficiency* 
but  no  longer,  except  by  permission  of  the  Minister  of  the  In- 
terior. 

77.  Any  miner  or  miners  shall  be  entitled  to  leave  of  ab- 
sence for  one  year  from  his  or  their  diggings,  upon  proving  to 
the  satisfaction  of  the  Superintendent  of  Mines  that  he  or  they 
has  or  have  expended  on  such  diggings,  in  cash,  labor,  or 
machinery,  an  amount  of  not  less  than  $200  on  each  of  such 
diggings,  without  any  return  of  gold  or  other  minerals  in 
reasonable  quantities  for  such  expenditure. 

78.  The  time  reasonably  occupied  by  the  locator  of  a 
claim  in  going  to,  and  returning  from,  the  office  of  the  Agent 
or  Superintendent  of  Mines  to  enter  his  claim,  or  for  other 
purposes  prescribed  by  these  Regulations,  shall  not  be  counted 
against  him,  but  he  shall,  in  such  cases,  be  deemed  to  be  ab- 
sent on  leave. 


MISCELLANEOUS. 

79.  The  Minister  of  the  Interior  shall,  from  time  to  time,  as 
he  may  think  fit,  declare  the  boundaries  of  mineral  and  mining 
districts,  and  shall  cause  a  description  of  the  same  to  be  pub- 
lished in  the  Canada  Gazette. 

80.  The  Minister  of  the  Interior  may  direct  mineral  and 
mining;  locations  to  be  laid  out  within  such  districts  wherever, 
from  report  of  the  Director  of  the  Geological  Survey,  or  from 
other  information,  he  has  reason  to  believe  there  are  mineral 
deposits  of  economic  value,  and  may  sell  the  same  to  appli- 
cants therefor,  who,  in  his  opinion,  are  able  and  intend  in  good 
faith  to  work  the  .same;  or  he  may,  from  time  to  time,  cause 
the  said  locations  to  be  sold  by  public  auction  or  tender.  Such 
sales  shall  be  for  cash,  and  at  prices  in  no  case  lower  than  those 
prescribed  for  locations  sold  to  original  discoverers,  and  shall 
otherwise  be  subject  to  all  the  provisions  of  these  Regulations. 

81.  The   Minister  of  the   Interior  may   grant   to  any   person 
or  persons   who   have   a   mining   location    and   are   actively   de- 


fr*** 


148 


NORTHWEST  TERRITORY. 


veloping  the  same,  an  additional  location  adjacent  to  and  not 
exceeding  it  in  area,  provided  the  person  or  persons  holding 
«v.ch  location  shall  show  to  the  satisfaction  of  the  Minister  of 
the  Interior  that  the  vein  or  lode  being  developed  on  the  loca- 
tion  will  probably  extend  outside  of  either  of  the  vertical  lines 
forming  the  side  boundaries  of  the  location  before  it  has 
reached  the  depth  at  which  it  jannot  be  profitably  mined. 

82.  Persons  desirous  of  obtaining  quarries  for  stone  on 
vacant  Dominion  Lands  may  do  so  under  these  Regulations; 
but  the  Minister  of  the  Interior  may  require  the  payment  of  a 
royalty  not  exceeding  five  per  cent,  on  account  of  the  sales  of 
the  product  of  such  nuarries,  or  the  land  may  be  sold  not  sub- 
ject to  such  royalty  ?x  such  price  as  may  be  determined. 

83.  Returns  shall  be  made  hv  the  grantee,  dwom  to  by  him, 
or  by  his  agent  or  other  employee  in  charge  of  the  mine,  at 
monthly  or  other  such  intervals  as  may  be  required  by  the  Min- 
ister of  the  Interior,  of  all  products  of  his  mining  location  and 
of  the  price  or  amount  he  received  for  the  same. 

84.  The  Minister  of  the  Interior  shall  have  the  power  to 
summarilv  order  any  mining  works  to  be  so  carried  on  as  not 
to  interfere  with  or  endanger  the  safety  of  the  public,  any  pub- 
lic work  or  highway,  or  any  mining  property,  mineral  lands, 
mining  claims,  bed-rock  drains  or  flumes;  and  any  abandoned 
wjrks  may,  by  his  order,  be  either  filled  up  or  guarded  to  his 
satisfaction,  at  the  cost  of  the  parties  who  may  have  con- 
..tructed  the  same,  or  in  their  absence  ttpou  such  'erms  as  he 
shall  think  fit. 

85.  The  Superintendent  of  Mines,  acting  under  instructions, 
to  be  from  time  to  time  issued  by  the  Minister  of  the  Interior, 
shall  cause  to  be  l^Id  out,  at  the  expense  of  the  person  or  per- 
sons applying  for  the  same,  a  space  of  ground  for  deposits  of 
leavings  and  deads  from  any  tunnel,   claim  or  mining  ground. 

86.  In  the  event  of  the  breach  of  these  Regulations,  or  any 
of  them,  by  any  person  holding  a  grant  for  Quartz  or  Placer 
Minirg  from  the  Crown  other  than  Crown  Patents,  or  from  the 
Minister  of  the  Interior,  cr  from  any  duly  authorized  officer  of 
Dominion  Lands,  such  right  or  grant  shall  be  absolutely  for- 
feited ipso  facto,  and  the  person  so  offending  shall  be  incapable 
thereafter  of  acquiring  any  such  right  or  grant,  unless  for 
special  cause  it  is  otherwise  decided  by  the  Minister  of  the  In- 
terior. 


DOMINION  MINING  REGULATIONS. 


149 


SCHEDULE  TO  MINING  REGULATIONS. 


FORM  A.— APPLICATION    AND    AFFIDAVIT    OF    DIS- 
COVERER OF  QUARTZ  MINE. 

I,  (or  we)  (A.  B.)  of 

hereby  apply,  under  the  Dominion  Mining  Regulations,  for  a 
mining  location  in  (here  give  general  description  ol 

locality)  for  the  purpose  of  mining  for  (here 

name  the  metal   or   mineral)  and    I    (or   we)    hereby 

solemnly  swear: — 

1.  That    I    (or   we)    have    discovered    therein   a  deposit   of 

(here  name  the  metal  or  mineral). 

2.  That  I  (or  we)  am  (or  are)  to  the  best  of  my  (or  our) 
knowledge  and  belief,  the  first  discoverer  (cr  discovevrers)  of 
the  said  deposit. 

3.  That  I  (or  we)  am  (or  are)  unaware  that  the  land  it 
other  than  vacant  Dominion  Land. 

4.  That  I  (or  we)  did,  on  the  day  of 

mark  out  on  the  ground,  in  accordance  in  every  particular 
with  the  provisions  of  sub-clause  (a)  of  clause  four  of  the  said 
mining  regulations,  the  location  for  which  I  (or  we)  make  this 
application;  and  that  in  so  doing  I  (or  we)  did  not  encroach 
on  any  mining  location  previously  laid  out  by  any  other  per- 
son. 

5.  That  the  said  mining,  location  contains,  as  nearly  as  I 
(or  we)  could  measure  or  estimate,  an  area  of  acres, 
and  that  the  description  (and  sketch,  if  any)  of  this  date 
hereto  attached  signed  by  me  (or  us),  sets  (or  set)  forth  in 
detail,  to  the  best  of  my  (or  our)  knowledge  and  ability,  its 
porition,  form  and  dimensions. 

6.  That  I  (or  we)  make  this  applies' ion  in  good  faith  to  ac* 
quire  the  land  for  the  sole  purpose  of  mining,  to  be  prosecuted 
by  myself  (or  us)  or  by  myself  and  associates,  or  by  my  (or 
our)  assigns. 

Sworn  before  me  at  this  dagr 

of  18  ^ 

(Signature.) 


ISO 


NORTHWEST  TERRITORY. 


FORM  B.— RECEIPT    FOR    FEE  PAID   BY  APPLICANT 
FOR  MINING  LOCATION. 


No. 


i8 


Department  of  the  Interior, 
Dominion  Lands  Office, 
Agency, 

Received  from  (A.  B.)  of 

five  dollars,  being  the  fee  required  by  sub-clause  (b)  of  clause 
four  of  the  Dominion  Mining  Regulations,  accompanying  his 
(or   their)   application.    No.  ,    dated  i8    , 

for  mining  location  in  (insert  general  description 

of  locality). 

This  receipt  authorizes  the  said  (A.  B.)  his 

(or  their)  legal  representatives  or  assigns,  to  enter  into  posses- 
sion of  the  said  mining  location,  and,  subject  to  the  payment 
of  a  fee  of  five  dollars  and  the  renewal  of  this  form  of  receipt 
on  or  before  the  beginning  of  each  year,  during  the  term  of 
five  years  from  this  date,  to  take  therefrom  and  dispose  of  any 
mineral  deposit  conta'ned  within  its  boundaries,  and,  on  due 
compliance  at  any  time  within  that  period  with  the  several  re- 
quirements in  that  behalf  of  the  said  mining  regulations,  en- 
titles him  or  them  to  purchase  the  said  location,  which,  pro- 
visionally and  until  survey  thereof,  may  be  known  and 
described  as  follows:        (Insert  description  in  detail). 

If  the   said  '' \.  B.)  or  his   (or  their)   legal 

representatives  or  assigns,  fail  to  comply,  as  aforesaid,  with  the 
conditions  that  would  entitle  him  (or  them)  to  purchase,  within 
five  years  from  this  date,  or  having  so  complied,  do  not  within 
that  time  make  payment  in  full  for  the  land,  and  also  pay  the 
sum  of  fifty  dollars  prescribed  in  the  said  regulations  for  the 
survey  of  the  location,  then  the  right  to  purchase  shall  lapse, 
and  the  mining  location  shall  revert  to  the  Crown,  to  be  other- 
wise disposed  of  as  may  be  directed  by  the  Minister  of  the 
Interior. 

Agent  of  Dominion   Lands. 


DOMINION  MINING  REGULATIONS. 


isr 


FORM   C— RECEIPT  FOR  ANNUAL  FEE  FOR  RENEW- 
AL  OF  LOCATION  CERTIFICATE. 

-    •  Department  of  the  Interior, 

Dominion  Lands  Office, 

Agency,  i8    . 

Received  from  (A.  B.)  of 

five  dollars,  being  the  fee  required  by  sub-clause  (c)  of  clause 
four  of  the  Dominion  Mining  Regulations,  accompanying  his 
(or  their)   application  No.  dated  x8     ,   respect- 

ing the  mining  location  described  as  follows:     (insert  descrip- 
tion in  detail    for  which  he  (or  they)  obtained  entry  No. 
on  the  day  of  i8    . 

From  evidence   furnished  in  support  of  the  said  application 
No.  it  would  appear  that  (A.  B.)  his  or  their 

legal  representatives  or  assigns,  are  entitled  to  continue  in  pos- 
session  of   the   said    mining   location,   and   during   the   term    of 
years   from   the  i8    ,   to  take   there- 

from and  dispose  of  any  mineral  deposit  contained  within  its 
boundaries,  and,  on  due  compliance  at  any  time  within  that 
period  with  the  several  requirements  in  that  behalf  of  the  min- 
ing regulations,  to  purchase  the  said  location,  which  provision- 
ally and  until  survey  thereof,  may  be  known  and  described  as 
above. 

If  the   said  (A.  B.)  or  his    (or   their)    legal   repre- 

sentatives or  assigns,  fail  to  comply,  as  aforesa  1.  with  the  con- 
ditions that  would  enitle  him  (or  them)  to  pu'-chase  w  hin 
years  from  this  date,  or,  having  so  complied,  do  not 
within  that  time  make  payment  in  full  for  the  land,  and  also 
pay  the  sum  of  fifty  dollars  prescribed  in  the  said  regu  aliens 
for  the  survey  of  the  location,  then  the  right  to  purcha  o  shall 
lapse,  and  the  mining  location  shall  revert  to  the  Crown,  to  be 
otherwise  disposed  of  as  may  be  directed  by  the  Minister  of 
the   Interior.  • 

Agent  of  Dominion  Lands. 


isa 


NORTHWEST  TERRITORY. 


FORM  D.-CERTIFICATE  IN  CASES  OF  PARTNERSHIP 

THAT  ANNUAL  EXPENDITURE  MAY  FOR  FIRST 

TWO    YEARS    AFTER    RECORDING    CLAIMS 

BE  MADE  ON  ANY  ONE  OF  THE  CLAIMS 

AFFECTED   BY   SUCH   PARTNERSHIP. 

No 

Department  of  the  Interior, 
Dominion  Lands  Office, 

Agency,  18    . 

This  is  to  certify  that  in  accordance  with  the  provisions  >f 
sub-clause  (d)  of  clause  four  of  the  Dominion  Mining  Regula- 
tions, (A.  B.)  of  ,  who  ob- 
tained entry  No.  for  the  mining  location  described  as 
follows: 

day  of  18    ,  and 

of  who  obtained  entry 

for  the  mining  location  described  as  follows: 

day  of  18     ,    and 

of  who    obtained    entry 

for  the  mining  location  described  as  follows: 

day  of  18     ,  and 

of  who  obtained  entry 

for  the  mining  location  described  as  follows: 

on  the  day  of  18     ,  having 

complied  with  the  conditions  required  by  said  sub-clause  (d)  in 
so  far  that  they  have  filed  a  certificate  of  a  Partnership  entered 
into  at  dated   the  day  of 

,  18  ,  and  all  their  claims  having  been  entered 
within  three  months  of  each  other,  and  numbered  in  this  of- 
fice asilNos.  (or  if  incorporated,  have  filed  the  docu- 
ments required)  may  make  within  one  year  from  this  date  the 
annual  expenditure  required  by  each  on  any  one  of  the  min- 
ing locations  aforementioned,  amounting  to 
dollars,  this  being  the  amount  under  said  regulations  required 
to  be  expended  within  the  Brst  and  second  years  after  said 
claims  were  located. 

Agent   of   Dominion    Lands. 


on 

(C. 

No. 

the 
D.) 

on    the 
(E.  F.) 
No. 

on  the 
(G.  H.) 
No. 

DOMINION  MINING  REGULATIONS. 


<8i 


FORM   E.— RECEIPT    TO   BE   GIVEN    FOR    FEE    PAID 

IN  CASE  OF  PARTNERSHIP. 
No 


Department  of  the  Interior, 
Dominion  Lands  Office, 

Agency,  i8    . 

Received  from  (A.  B.)  of  five 

dollars,  being  the  fee  required  by  sub-clause  (d)  of  clause  four 
of  the  Dominion  Mining  Regulations  accompanying  his  (or 
their)  application  No.  dated  i8     ,  respect- 

ing the  mining  location  described  as  follows  (insert  description 
in  detail)  for  which  he  (or  they)  obtained  entry  No.  on 

the  day  of  z8     . 

From  evidence  furnished  by  the  said  application  No.  it 

would  appear  that  (A.  B.)  *      his   (or  their) 

legal  representatives  or  assigns  are  entitled  to  continue  in  pos- 
session  of  the   said   mining  location,   and,   during  the  term  of 
years  from  the  ,  i8     ,  to  take  there* 

from  and  dispose  of  any  mineral  deposit  contained  within  its 
boundaries,  and,  on  due  compliance  at  any  time  within  that 
period  with  the  several  requirements  in  that  behalf  of  the  said 
mining  regulations,  are  entitled  to  purchase  the  said  location 
which,  provisionally  and  until  survey  thereof,  may  be  known 
and  described  as  above. 

If  the  said  (A.  B.)  or  his   (or  their)    legal 

representatives  or  assigns,  fail  to  comply,  as  aforesaid,  With 
the  conditions  that  would  entitle  him  or  them  to  purchase 
within  years  from  this  date,   or,  having  so  complied, 

do  not  within  that  time  make  payment  in  full  for  the  land» 
and  also  pay  the  sum  of  fifty  dollars  prescribed  in  the  said  reg- 
ulations for  the  survey  of  the  location,  then  the  right  to  pur- 
chase shall  lapse,  and  the  mining  location  shall  revert  to  the 
Crown,  to  be  otherwise  disposed  of  as  may  be  directed  by  the 
Minister  of  the  Interior. 


The  said  (A.  B.) 

location  are  those  recited  in  No. 
the  day  of 


and  the  foregoing  mining 
Form  D,  dated  at 
i8     . 
Agent  of  Dominion  Lands. 


154 


NORTHWEST  TERRITORY. 


FORM  F.— PATENT  OF  A  MINING  LOCATION. 

VICTORIA,  by  the  Grace  of  God,  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,   Queen,   Defender  of  the   Faith.— 
To  all  to  whom  these  presents  shall  come. 
Greeting: 

Know  Ye  that  We  do  by  these  presents,  for  Us,  Our  heirs 
and  successors,  in  consideration  of  the  fulfilment  of  the  Do- 
minion Mining  Regulations  of  our  Dominion  of  Canada  give 
and  grant  unto  heirs 

and  assigns,  all  that  parcel  or  lot  of  land  situate  and 

numbered  on  the  official  plan  or  survey  of  the  said 

,  to  have  and  to  hold  the  said  parcel  of  land, 
and  all  minerals,  precious  and  base,  which  may  be  found 
therein,  unto  the  said  heirs  and  assigns  forever; 

Provided,  that  it  shall  at  all  times  be  lawful  for  Us,  Our 
heirs  and  successors,  or  for  any  person  by  Our  authority,  to 
resume  any  portion  (not  exceeding  one-twentieth  part)  of  the 
said  lands  for  making  roads,  canals,  bridges,  towing  paths,  or 
other  works  of  public  utility  or  convenience;  but  no  such  re- 
sumption shall  be  ihade  of  land  on  which  any  permanent  build- 
ings may  have  been  erected,  without  compensation; 

Provided,  also,  that  it  shall  be  lawful  for  any  person  duly 
authorized  by  Us,  Our  heirs  and  successors,  to  take  and  oc- 
cupy such  water  privileges,  and  to  have  and  enjoy  such  ilcrht 
of  carrying  water  over,  through  or  under  any  parts  of  the 
hereditaments  hereby  granted  as  may  be  reasonably  required 
for  agricultural  or  other  purposes  in  the  vicinity  of  the  said 
land,  upon  paying  therefor  a  reasonable  compensation  to  the 
aforesaid  heirs  and   assigns. 


FORJM  G.— CERTIFICATE  OF  THE  ASSIGNMENT   OF  A 

MINING   LOCATION. 

No 

Department  of  the  Interior, 

Dominion  Lands  Office, 

Agency,  i8 

This  is  to  certify  that        (B.  C.)      of  has 

<or  have)   filed  an  assignment  in  due  form,  dated 


DOMINION  MINING  REGULATIONS. 


155 


18  ,  and  accompanied  by  a  registration  fee  of  two  dollars,  of 
the  right  of  (A.  B.)  of  to  purchase  the  mining 

location  in  (here  insert  general  description  of  locality)  ap- 
plied for  by  the  said  (A.  B.)  on  the  18     . 

This  certificate  entitles  the  said  (B.  C.)  or  his  (or  their) 
legal  representatives  or  assigns,  to  all  the  rights  and  privileges 
ot  the  said  (A.  B.)>  in  respect  of  the  claim  assigned  and  here- 
inafter described ;  that  is  to  say,  to  enter  into  possession  of 
the  said  mining  location,  and  during  the  term  of  years 

from    the    date   of    the    receipt    No.  granted    to    the    said 

(A.  B.),  dated  the  day  of  18     ,  to  take  there- 

from and  dispose  of  any  mineral  deposit  contained  within  its 
boundaries,  and,  on  due  compliance  at  any  time  within  that 
period  with  the  several  requirements  in  that  behalf  of  the  Do- 
minion Mining  Regulations,  entitles  him  or  them  to  purchase 
the  said  location,  which,  provisionally,  and  until  survey 
thereof,  may  be  known  and  described  as  follows: —  (insert 
description   in  detail). 

If  the  said  (B.  C.)  or  his  (or  their)  legal  representatives  or 
assigns,  fail  to  comply  as  aforesaid  with  the  conditions  that 
would  entitle  him  or  them  to  purchase,  within  year  of  the 

date  of  the  receipt  granted  to  (A.  B.)  and  now  deposited  with 
me,  or  having  so  complied,  do  not  within  that  time  make  pay- 
ment in  full  for  the  land,  and  also  pay  the  sum  of  fifty  dollars 
prescribed  in  the  said  regulations  for  the  survey  of  the  location, 
then  the  right  to  purchase  shall  lapse,  and  the  mining  location 
shall  revert  to  the  Crown,  to  be  otherwise  disposed  of,  as  may 
be  directed  by  the   Minister  of  the  Interior. 

Agent    of    Dominion    Lands. 


FORxM   H.— APPLICATION   FOR   GRANT    FOR    PLACER 

MINING  AND   AFFIDAVIT   OF 

APPLICANT. 

I,    (or   we),  of  hereby    apply,    under 

the  Dominion   Mining  Regulations,   for  a  grant  of  a  claim  for 
placer  mining  as  defined  in  the  said  regulations,  in 

(here  describe  locality.) 
and  I  (or  we)  solemnly  swear: — 

I.    That  I  (or  we)  have  discovered  therein  a  deposit  of  (here 
name  the  metal  or  mineral). 


156 


NORTHWEST  TERRITORY. 


a.  That  1  (or  we)  am  (or  arc)  to  the  best  of  my  (or  our) 
knowledge  and  belief,  the  first  dscoverer  (or  discoverers)  of  the 
said  deposit;  or— 

3.  That  the  said  claim  was  previously  granted  to  (here  name 
the  last  grantee),  but  has  remained  unworked  by  the  said 
grantee  for  not  less  than 

4.  That  I  (or  we)  am  (or  are)  unaware  that  the  land  is  other 
than  vacant  Dominion  Land 

5.  That  I  (or  we)  did,  on  the  day  of 

mark  out  on  the  ground,  in  accordance  in  every  particular  with 
the  provisions  of  sub-clause  (e)  of  clause  eighteen  of  the  said 
mining  regulations,  the  claim  for  which  I  (or  we)  make  this 
application,  and  that  in  so  doing  I  (or  we)  did  not  encroach  on 
any  other  claim  or  mining  location  previousJy  laid  out  by  any 
other  person. 

6.  That  the  said  claim  contains,  as  nearly  as  I  (or  we)  could 
measure  or  estimate,  an  area  of  square  feet,  and  that 
the  description  (and  sketch,  if  any)  of  this  date  hereto  attached, 
signed  by  me  (or  us),  sets  (or  set)  forth  in  detail,  to  the  best 
of  my  (or  our)  knowledge  and  ability,  its  position,  form  and  di- 
mensions. 

7.  That  I  (or  we)  make  this  application  in  good  faith,  to 
acquire  the  claim  for  the  sole  purpose  of  mining,  to  be  prose- 
cuted  by  myself  (or  us),  or  by  myself  and  associates,  or  by  my 
(or  our)  assigns. 

Sworn  before  me  at  this  day  of 

z8     . 

(Signature) 


FORM  I.-GRANT  FOR  PLACER  MINING. 


No. 


Department  of  the  Interior, 

Dominion  Land  Office. 
Agency,  18    . 

In  consideration  of  the  payment  of  five  dollars,  being  the  fee 
required  by  the  provisions  of  the  Dominion  Mining  Regulations, 
clauses  four  and  twenty,  by  (A.B.)  of  ,  accompany- 

ing his  (or  their)  application  No.  ,  dated 

18    ,  for  a  mining  claim  in  (here  insert  description  of  locality). 
The  Minister  of  the  Interior  hereby  grants  to  the  said 


DOMINION   MINING  REGULATIONS. 


isr 


(A.B.)  ,  for  the  term  of  one  year  from  the  date 

hereof,  the  exclusive  right  of  entry  upon  the  claim 

(here  describe  in  detail  the   claim   granted)  for  the 

miner-like  working  thereof  and  the  construction  of  a  residence 

thereon,   and   the   exclusive   right   to   all   the   proceeds   realized 

therefrom. 

The  said  (A.B.)  shall  be  entitled  to  the 

use  of  so  much  of  the  water  naturally  flowing  through  or  past 
his  (or  their)  claim,  and  not  already  lawfully  appropriated,  as 
shall  be  necessary  for  the  due  working  thereof,  and  to  drain 
his  (or  their)   claim,  free  of  charge. 

This  grant  does  not  convey  to  the  said  (A.B.) 

any  surface  rights  in  the  said  claim,  or  any  right  of  ownership 
in  the  soil  covered  by  the  said  claim;  and  the  said  grant  shall 
lapse  and  be  forfeited  unless  the  claim  is  continuously  and  in 
good  faith  worked  by  the  said  (A.B.)  or 

his  (or  their)   associates. 

The  rights  hereby  granted  are  those  laid  down  in  the  afore- 
said mining  regulations,  and  no  more,  and  are  subject  to  all 
the  provisions  of  the  said  regulations,  whether  the  same  are  ex- 
pressed herein  or  not. 

Agent  of  Dominion   Lands. 


FORM  J.— CERTIFICATE  OF  THE  ASSICiNMENT  OF  A 

PLACER  MINING  CLAIM. 

No 

Department  of  the  Interior, 

Dominion  Lands  Office. 
Agency,  i8    . 

This  is  to  certify  that  (B.C.)  of 

has  (or  have)  filed  an  assignment  in  due  form  dated 
i8    ,  and  accompanied  by  a  registration  fee  of  two  dollars,  of 
the  grant  to  (A.B.)  of  of   the 

right  to   mine   in  (insert   descriptioi^   of   claim) 

for  one  year  from  the 
i8   . 

This  certificate  entitles  the  said  (B.C.) 

to  all  the  rights  and  privileges  of  the  said  (A.B.) 

in  respect  of  the  claim  assigned,  that  is  to  say,  to  the  exclusive 
risht  of  entry  upon  the  said  claim  for  the  miner-like  working 


158 


NORTHWEST  TERRITORY. 


thereof  and  the  construction  of  a  residence  thereon,  and  the 
exclusive  right  to  all  the  proceeds  realized  therefrom,  for  the 
remaining  portion  of  the  year  for  which  the  said  claim  was 
granted  to  the  said  (A.B.)  ,  that  is  to 

say,   until  the  day  of  i8    . 

The   said  (B.C.)  shall   be   entitled   to 

the  use  of  so  much  of  the  water  naturally  flowing  through  or 
past  his  (or  their)  claim  and  not  already  lawfully  appropriated, 
as  shall  be  necessary  for  the  due  working  thereof,  and  to  drain 
the  claim  free  of  charge. 

This  grant  does  not  convey  to  the  said  (B.C.) 

any  surface  rights  in  the  said  claim,  or  any  right  of  ownership 
in  the  soil  covered  by  the  said  claim;  and  the  said  grant  shall 
lapse  and  be  forfeited  unless  the  claim  is  continuously,  and  in 
good  faith,   worked  by  the  said  (B.C.)  or   his 

(or  their)   associates. 

The  rights  hereby  granted  are  those  laid  down  in  the  Do- 
minion Mining  Regulations,  and  no  more,  and  are  subject  to 
all  the  provisions  of  the  said  regulations,  whether  the  same  are 
exp.-essed  herein  or  not. 

Agent   of   Dominion    Lands. 


FORM  K.— GRANT  TO  A  BED-ROCK  FLUME  COMPANY. 


No. 


Department  of  the  Interior, 

Dominion  Lands  OfHce. 
Agency,  i8    . 

In  consideration  of  the  payment  of  a  deposit  of  one  hundred 
dollars,  required  by  clause  thirty-four  of  the  Dominion  Mining 
Regulations  to  be  made  with  the  application  of  a  bed-rock  flume 
company,  and  of  the  further  sum  of  ten  dollars,  being  the  fee 
for  registration  of  this  grant  required  by  qlause  thirty-nine  of 
the  said  regulations, — 

The  Minister  of  the  Interior  hereby  grants  to 
(names   of    members    of    company)  forming   to* 

gether  a  bed-rock  flume  company   (known  as  the 
(title    of    company)  J    the    following    rights    and 

privileges,  that  is  to  say: — 

ia)  The  rights  of  way  through  and  entry  upon  any  new  and 


DOMINION  MINING  REGULATIONS. 


159 


unworked  rivfr,  creek,  gulch  or  ravine,  and  the  exclusive  right 
to  locate  aud  work  a  strip  of  ground  one  hundred  feet  wide  and 
two  hundred  feet  long  in  the  bed  thereof,  to  each  individual  of 
the  company; 

(b)  The  rights  of  way  through  and  entry  upon  any  river, 
creek,  gulch  or  ravine,  worked  by  miners  for  any  period  longer 
than  two  years  prior  to  such  entry,  and  already  wholly  or  par- 
tially abandoned,  and  the  exclusive  right  to  stake  out  and  work 
both  the  unworked  and  abandoned  portions  thereof,  one  hun- 
dred feet  in  width,  and  one-quarter  of  a  mile  in  length  for  each 
individual  of  the  company; 

(c)  The  rights  of  entry  through  and  entry  upon  all  claims 
which,  at  the  time  of  the  notice  of  application,  are  in  good 
faith  being  worked,  for  the  purpose  of  cutting  a  channel  and 
laying  their  flume  therein,  with  such  reasonable  space  for  con- 
structing, maintaining  and  repairing  the  flume  as  may  be  nec- 
essary. 

(d)  The  use  of  so  much  of  the  unappropriated  water  of  the 
stream  on  which  they  may  be  located,  and  of  other  adjacent 
streams,  as  may  be  necessary  for  the  use  of  their  flumes,  hy- 
draulic power  and  machinery  to  carry  on  their  operations,  and 
the  right  of  way  for  ditches  and  flumes  to  convey  the  necessary 
water  to  their  works,  subject  to  the  payment  of  any  damage 
which  may  be  done  to  other  parties  by  running  such  ditch  or 
flume  through  or  over  their  ground; 

Provided,  that  the  rights  herein  granted  shall  apply  only  to 
such  claims  and  streams   as  are  here   specified:  (insert 

description   of  claims  and   streams)  and   such   other 

claims  and  streams  as  may,  after  due  notice  and  application, 
be  subsequently  added  to  the  above  list  by  the  Minister  of  the 
Interior,  under  the  hand  of  the  local  Agent; 

Provided  also,  that  the  said  company  shall  pay  to  the  local 
Agent,  in  advance,  an  annual  rent  of  ten  dollars  for  each  quar- 
ter of  a  mile  of  right  of  way  legally  held  by  them; 

Provided  further,  that  this  grant  is  subject  to  all  the  provi- 
sions of  the  Dominion  Mming  Regulations  in  that  behalf, 
whether  the  same  are  expressed  herein  or  not. 

This  grant  shall  cease  and  determine  at  the  expiration  of 
years  from  the  date  hereof. 

Agent  of  Dominion  LAnds. 


i6o 


NORTHWEST  TERRITORY. 


FORM    L.~GRANT   FOR    DRAINAGE. 


No. 


Department  of  the  Interior, 

Dominion  Lands  Office, 
Agency  ,  i8     . 

In  consideration  of  the  payment  of  a  deposit  of  twenty-five 
dollars,  required  by  clause  forty-three  of  the  Dominion  Mining 
Regulations,  to  be  made  with  the  application  for  a  grant  of 
right  of  way  to  construct  drains,  and  of  the  further  sum  of 
dollars,  being  the  fee  for  the  registration  of  this 
grant  required  by  clause  forty-four  of  the  said  regulations. 

The  Minister  of  the  Interior  hereby  grants  to  (name 

or    names    of   grantee    or    grantees)  the    right 

to  run  a  drain  or  tunnel  for  drainage  purposes  through  the  oc- 
cupied mining  lands  here  specified:  (here  describe 
mining  lands)  and  further,  for  a  term  of 
from  the  date  hereof,  exclusive  rights  of  way  through  and  entry 
upon  the  following  mining  grounds:  (here  insert 
description)  for  the  purpose  of  constructing  a  drain  or  drains 
for  the  drainage  thereof;  and  the  right  to  charge  the  following 
tolls  for  the  use  thereof                     (insert  tariff  of  tolls): 

Provided,  that  the  grantee  (or  grantees)  shall  construct  such 
drain'  or  drains  of  sufficient  size  to  meet  all  requirements 
within  from  the  date  hereof,  and  keep  the  same 

in  thorough  working  order  and  repair,  and  free  from  all  ob- 
structions; and  shall,  within  a  reasonable  time,  construct  proper 
tap  drains  froui  or  into  any  adjacent  claims,  upon  being  re- 
quested by  the  owners  thereof,  and  in  default  thereof,  shall  per- 
mit such  parties  themselves  to  make  them,  in  which  case  such 
parties  shall  only  be  chargeable  with  one-half  the  rates  of  drain- 
age-toll  herein  authorized: 

Provided  also,  that  said  grantee  (or  grantees)  shall  com- 
pensate the  owners  of  lands  or  holders  of  claims  entered  upon 
by  for  any  damage  they  may  sustain  by  the 

construction  of  such  tunnel  or  drain: 

Provided  further,  that  the  said  grantee  (or  grantees)  shall 
pay  to  the  local  Agent,  in  advance,  an  annual  rent  of  ten  dol- 
lars for  each  quarter  of  a  mile  of  right  of  way  legally  held  by 

Provided  further,  that  this  gr&nt  is  subject  to  all  the  pro- 


DOMINION  MINING  REGULATIONS. 


i6i 


.visions  of  the   Dominion   Mining   Regulations   in   that   behalf, 
whether  the  same  are  expressed  herein  or  not. 

Agent  of  Dominion  Lands. 


FORM  M.— NOTICE    OF  APPLICATION  TO 

DIVERT  WATER. 


USE  AND 


Notice  is  hereby  given,  in  pursuance  of  the  provisions  of  the 
Dominion  Mining  Regulations,  that  I   (or  we) 
of  at   the   expiration   of  twenty    days   from 

the  date  hereof,  intend  to  apply  to  the  Minister  of  the  Interior 
of  Canada,  for  authority  to  take,  carry  away,  and  divert  to 
my  (or  our)  mining  claim  or  from  its  natural  channel, 

inches  of  the  unetitered  and  unappropriated  water  of 
the  (stream  or  lake)  known  as  for 

purposes,  during  the  term  of  years  from  the  date 

of  entry,  with  the  object  of 

Such  diversion  will  be  made  at  a  point  situate  on  the 
end  or  side  of  the  said  (stream  or  lake),  marked  on  the  ground 
by  a  conspicuous  post;  and  it  is  intended  that  such  water  shall 
be  carried  in  and  through  a  (ditch,  or  flume,  or  both),  in  a 

direction   over   the   lands   of 
as   indicated   by    like   conspicuous    posts    planted   about    every 
quarter  of  a  mile  along  the  proposed  location  (of  the  ditch,  or 
flume,  or  both). 

(Signed) 

Post  Office  Address. 
Dated    the  day    of  ,    i8    . 

at 


FORM  N. 


-GRANT  OF  RIGHT  TO  DIVERT  WATER  AND 
CONSTRUCT  DITCHES. 


No. 


Department  of  the  Interior, 

Dominion  Lands  Office, 
Agency  ,   i8    . 

In  consideration  of  the  payment  of  a  deposit  of  twenty-five 
dollars,  required  by  clause  forty-seven  of  the  Dominion  Mining 
Regulations,  to  be  made  with  the  application  for  the  right  to 
divert  water  and  construct  ditches: 
II 


i6a 


NORTHWEST  TERRITORY. 


The  Minister  of  the   Interior  hereby   grants   to 
(A.B.)  for  the  term  of  years  from 

the   date   hereof,    the    right    to    divert   and   use   the   water   from 
(specify  stream   or  lake)  to  the 

extent  of  inches,  and  no  more,  to  be  distributed  as 

follows:  (describe  locality  of  distribution) 

together  with  the  rischt  to  charge  the  following  rates  for  the 
use  of  the  said  water:  (insert  rates  to  be 

charged)  and  the  rights  of  way  through  and  entry 

upon   the  foll6wing   m-iing  grounds  (insert   descrip- 

tion) for   the    purpose    of   constructing   ditches   and 

flumes  to  convey  such  water,  provided  such  ditches  and  flumes 
are  constructed  and  in  wotking  order  within 
from  the  date  hereof: 

Provided,  that  this  grant  shall  be  deemed  to  be  appurtenant 
to  mining  claim  No.  ,  and  shall  cease  and  determine 

whenever  the  said  claim  shall  have  been  worked  out  or  aban- 
doncvd,  or  the  occasion  for  the  use.  of  such  water  upon  the  said 
claim   shall  have   permanently  ceased: 

Provided  also,  that  this  grant  is  subject  to  all  the  provisions 
of  the  Dominion  Mining  Regulations  in  that  behalf,  whether 
the  same  are  expressed  herein  or  not. 

Agent   of   Dominion   Lands. 


DREDGING  REGULATIONS. 


GOVEKNTNG  THE  ISSUE  OF  LEASES  TO  DREDGE  FOR 
MCNERALS  IN  THE  SUBMERGED  BEDS   OF 
RIVERS    IN    MANITOBA    AND    THE 
NORTHWEST  TERRITORIES  EX- 
CEPTING  THE    YUKON    RIVER 
AND    ITS   TRIBUTARIES. 

(Approved  by  Order  in  Council  No.  2103  of  the  21st  of  July 
1897,  as  amended  by  Order  in  Council  No.  2325  of  the  29th  of 
July,  1897.) 


The  Agent  of  Dominion  Lands  in  whose  district  the  portion 
of  the   river   desired   to   be   leased   is  situated  is   authorized   to 


DREDGING  REGULATIONS. 


163 


accept  applications,  and   leases   may   be  issued  by   the   Minister 
of  the  Interior  upon  the  following  conditions: — 

1.  The  lessee  shall  be  given  the  exclusive  right  to  sub- 
aqueous mining  and  dredging  for  minerals  with  the  exception  of 
coal  in  and  along  an  unbroken  extent  of  five  miles  of  the  river 
following  its  sinuosities,  and  to  be  described  by  the  applicant 
in  such  manner  as  to  be  easily  traced  on  the  ground. 

2.  The  lease  shall  be  for  a  term  of  twenty  years,  at  the  end 
of  which  time  all  rights  vested  in,  or  which  may  be  claimed  by 
the  lessee  are  to  cease  and  determine.  The  lease  may  be  re- 
newable, however,  from  time  to  time  thereafter  in  the  discre- 
tion of  the  Minister  of  the  Interior. 

3.  The  lessee's  right  to  mining  and  dredging  shall  be  con- 
fined to  the  submerged  bed  or  bars  in  the  river,  below  low 
water  mark. 

4.  The  lease  shall  be  subject  to  the  rights  of  all  persons  who 
have  received  or  who  may  receive  entries  for  bar  diggings  or 
bench  claims  under  the  mining  regulations. 

S-  The  lessee  shall  have  a  dredge  in  operation  within  one 
year  from  the  date  of  the  lease,  and,  if  during  one  season,  when 
operations  can  be  carried  on,  he  fails  to  efficiently  work  the 
same,  the  lease  shall  become  null  and  void,  unless  the  Minister 
of  the  Interior  shall  decide  otherwise. 

6.  The  lessee  shall  pay  a  rental  of  $50  per  annura  for  each 
dredj^e  used,  such  rental  to  be  paid  in  advance,  and  to  com- 
mence to  accrue  on  the  date  upon  which  the  least;  is  issued. 
He  shall  also  pay  to  the  Crown  a  royalty  of  two  and  one-half 
per  cent  on  the  output  after  it  exceeds  $10,000.00,  as  shown  by 
sworn  returns  to  be  furnished  monthly  by  the  lessee  during  the 
period  that  dredging  operations  are  being  carried  on.  Said 
royalty  to  be  paid  monthly. 

7.  The  lessee  shall  not  interfere  in  any  way  v/ith  the  general 
right  of  the  public  to  use  the  river  in  which  he  may  be  per- 
mitted to  dredge,  for  navigation  and  other  purposes;  the  free 
navigation  of  the  river  shall  not  be  impeded  by  the  deposit  of 
tailings  in  such  manner  as  to  form  bars  or  banks  in  the  channel 
thereof;  and  the  current  or  stream  shall  not  be  obstructed  in 
any  material  degree  by  the  accumulation  of  such   deposits. 

8.  The  lease  shall  provide  that  any  one  who  has  or  who  may 
receive  entry  under  the  mining  regulations  shall  be  entitled  to 
run  tailings  into  the  river  rit  any  point  thereon,   also  to  mine 


164 


NORTHWEST  TERRITORY. 


two  feet  below  the  surface  of  the  water  at  low  water  mark  by 
putting  in  wing  dams. 

Q.  The  lease  to  be  issued  shall  reserve  all  roads,  ways, 
bridges,  drains,  and  other  public  works  and  improvements  now 
existing,  or  which  may  hereafter  be  made  in,  upon  or  under 
any  part  of  the  river,  and  the  power  to  enter  and  construct  the 
same.  It  shall  also  provide  that  the  lessee  shall  not  damage 
nor  obstruct  any  public  ways,  drains,  bridges,  works  and  im- 
provements now  or  hereafter  to  be  made  upon,  in,  over,  through, 
or  under  the  river;  and  that  he  will  substantially  bridge  or 
cover  and  protect  all  the  cuts,  flumes,  ditches,  and  sluices,  and 
all  pits  and  dangerous  places  at  all  points  where  they  may  be 
crossed  by  a  public  highway  or  frequented  path  or  trail,  to  the 
satisfaction  of  the  Minister  of  the  Interior. 


DOMINION  COAL  LANDS. 


I. 


THE  FOLLOWING  REGULATIONS  APPLY  TO  COAL 
MINED  ON  DOMINION  LANDS  FOR  DOMESTIC 
PURPOSES   ONLY.    9  FEBRUARY,    1897. 

2.  The  frontage  cf  a  coal  mining  location  shall  not  exceed 
three  chains  in  width  measured  in  direct  distance  and  the  length 
thereof  shall  not  exceed  ten  chains,  nor  shall  it  be  less  than 
five  chains,  except  where  the  ground  is  covered  by  a  prior  loca- 
tion. Its  boundaries  beneath  the  surface  shall  be  the  vertical 
planes  in  which  its  surface  boundaries  lie. 

3.  The  location  shall  be  marked  on  the  ground  by  placing 
at  each  of  its  four  corners  a  wooden  post  not  less  than  four 
inches  square,  driven  not  less  than  eighteen  inches  into  the 
ground  and  showing  that  length  above  it.  If  the  ground  is  too 
rocky  to  admit  of  so  driving  such  posts,  the  claimant  shall 
build  about  each  of  them,  to  support  it  and  keep  it  in  place, 
a  cairn  or  mound  of  stones,  at  least  three  feet  in  diameter  at 
the  base,  and  eighteen  inches  high.  If  the  location  be  timbered, 
a  line  shall  be  run  and  well  blazed  joining  the  said  posts.  If 
it  be  not  timbered,  and  the  ground  is  of  such  a  nature  that  any 
one  post  cannot  be  seen  from  the  ends  of  either  of  the  lines 
which  form  the  angle  at  which  the  said  post  is  placed,  posts 
flattened  on  two  sides  (such  flattened  portions  facing  the  direc- 
tions of  the  line)  shall  be  planted  or  mounded  along  the  side 
lines   wherever   necessary   so   that   no   difficulty   may  be  experi- 


COAL  REGULATIONS. 


165 


enced  by  a  subsequent  prospector  or  explorer  discovering  or 
following  the  boundaries  of  any  location.  If  the  location  be 
laid  out  with  its  boundaries  due  North  and  South  and  East  and 
West,  then  the  claimant  shall  mark  on  the  post  at  the  North- 
east angle  of  the  location,  legibly  with  a  cutting  instrument  or 
with  colored  chalk,  his  name  in  full,  the  date  of  such  markingp 
and  the  letters  M.L.  No.  i,  to  indicate  that  the  post  is  Mining 
Location  Post  No.  i.  Proceeding  next  to  the  Southeasterly^ 
angle  of  the  location,  he  shall  mark  the  post  planted  there  with 
the  letters  M.L.  No.  2,  and  his  initials;  next  to  the  South' 
westerly  angle  of  the  location  the  post  planted  at  which  he 
shall  mark  with  the  letters  M.L.  No.  3,  and  his  initials,  and 
lastly  to  the  northwesterly  angle  of  the  location,  the  post 
planted  at  which  he  shall  mark  with  the  letters  M.L.  No.  4,  and 
his  initials.  If  the  location  be  laid  out  by  other  than  due  North 
and  South  and  East  and  West  lines,  the  first  mentioned  post 
shall  be  the  one  at  the  northerly  angle;  the  second  the  one  at 
the  Easterly  angle;  the  third  the  one  at  the  Southerly  angle, 
and  the  fourth  the  one  at  the  Westerly  angle;  furthermore  on 
the  face  of  each  post,  which  face  shall  in  the  planting  thereof 
be  turned  towards  the  post  which  next  follows  it  in  the  order 
in  which  they  are  named  and  numbered,  there  shall  be  marked 
in  figures  the  number  of  yards  distant  to  the  next  following 
post.  If  means  of  measurement  are  not  available,  the  distance 
to  be  so  marked  on  each  of  the  posts  may  be  that  estimated. 
If  the  corner  of  a  location  falls  in  a  ravine,  bed  of  a  stream,  or 
any  other  situation  where  the  character  of  the  locality  may 
render  the  planting  of  a  post  impossible,  the  said  corner  may 
be  indicated  by  the  erection  at  the  nearest  suitable  point  of  a 
witness  post,  which  in  that  case  shall  contain  the  same  marks 
as  those  prescribed  in  this  clause  with  regard  to  corner  posts, 
together  with  the  letters  W.I'.,  and  an  indication  of  the  bearing 
and  distance  of  the  site  of  the  true  corner  from  such  witness 
post. 

4-  If  the  location  is  situated  within  territory  where  no  sur- 
veys have  been  made,  it  shall  be  connected  with  some  promi- 
nent feature  in  the  locality,  the  connection  to  be  shown  on  a 
sketch  to  be  furnished  by  the  claimant.  If  it  is  situated  on  the 
bank  of  a  stream,  the  claimant  shall  show  on  the  sketch  the 
general  course  of  the  stream,  any  ravine  running  back  from 
the  same,  and  such  other  topographical  features  as  are  notice- 


x^ 


NORTHWEST  TERRITORY. 


5.  If  the  location  is  situated  within  territory  which  has  not 
been  subdivided,  but  where  one  or  more  township  lines  have 
been  established,  it  shall  be  connected  with  some  point  on  such 
established  boundary. 

6.  Having  so  marked  the  location  on  the  ground,  the  claim- 
ant  shall  within  thirty  days  thereafter  file  with  the  Agent  for 
the  Land  District  within  which  the  location  is  situated,  an 
application  for  the  same  with  a  sketch  showing  its  position,  and 
if  within  a  surveyed  tract  the  quarter-section  within  which  it  is 
situated. 

7.  If  within  thirty  days  after  staking  a  location  the  claimant 
has  not  made  application  to  the  Agent  therefor,  it  shall  be 
open  to  any  other  applicant  who  complies  with  the  require- 
ments of  these  Regulations. 

8.  Where  two  or  more  persons  lay  claim  to  the  same  loca- 
tion, the  right  to  acquire  it  shall  be  in  him  who  can  prove 
that  he  was  the  first  to  discover  mineral  deposit  involved,  and 
to  take  possession  by  demarcation  in  the  manner  prescribed 
in   these   Regulations   of  the   location   covering  it. 

9.  When  there  are  two  or  more  applicants  for  a  location, 
no  one  of  whotr  is  the  original  discoverer,  the  Minister  of 
the  Interior,  if  he  sees  fit  to  dispose  of  the  location,  shall  in- 
vite  their   competitive   tenders. 

10.  A  permit  to  mine  coal  on  the  location  staked  out  will  be 
issued  upon  payment  of  the  annual  rental  of  five  dollars  for 
any  area  less  than  one  acre,  and  for  an  area  of  one  acre  or 
over,  at  the  rate  of  five  dollars  an  acre.  Returns  on  a  form  to 
be  furnished  by  the  Department  of  the  Interior  shall  be  made 
by  the  permittee  every  month  to  the  Agent  of  Dominion  Lands 
within  whose  district  the  location  is  situated  showing  the 
quantity  of  coal  mined,  and  payment  shall  at  the  same  time  be 
made  of  the  royalty  thereon  at  the  following  rates — namely, 
twenty  cents  per  ton  for  anthracite  coal,  fifteen  cents  per  ton 
for  bituminous  coal,  and  ten  cents  per  ton  for  lignite  coal. 
Even  if  no  coal  has  been  mined  during  any  one  month,  the 
permittee  shall   send  in  a  return  to  that  effect. 

A  declaration  as  to  the  truth  of  the  return  shall  be  made 
before  a  Justice  of  the  Peace,  a  Commissioner,  or  an  Agent  of 
Dominion  Lands,  but  if  the  location  is  not  situated  within  a 
radius  of  five  miles  of  the  place  where  such  declaration  can  be 
taken,  it  will  be  sufficient  if  the  permittee  sends  in  an  interim 


COAL  REGULATIONS. 


167 


return  of  the  coal  mined  during  the  month  and  pays  the  roy- 
alty thereon.  In  such  case,  the  permittee  shall  every  three 
months  make  a  declaration  before  a  fustice  of  the  Peace,  a 
Commissioner,  or  an  Agent  of  Dominion  Lands,  as  to  the  ac- 
curacy of  such  returns  for  the  next  preceding  period  of  three 
months  and  send  it  to  the  Agent  of   Dominion  Lands. 

11.  A  permit  may,  in  the  discretion  of  the  Minister  of  the 
Interior,  be  renewed  from  year  to  year  so  long  as  the  land 
described  therein  is  vested  in  the  Crown,  provided  the  per- 
mittee has  complied  with  all  the  requirements  of  these  Regula- 
tions, and  is  operating  his  mine  to  the  satisfaction  of  the  Min- 
ister. 

If  at  any  time  during  the  period  the  permit  is  in  force  the 
permittee  desires  to  cease  operations  on  his  claim,  he  may 
do  so  on  making  to  the  Agent  of  Dominion  Lands  a  return 
of  all  coal  mined  between  the  date  of  his  last  return  and  the 
date  upon  which  he  ceased  operations,  paying  the  amount  for 
royalty  and  ground  rent,  and  returning  the  permit  issued  to 
him. 

12.  The  permit  while  it  remains  in  force  shall  give  to  the 
permittee  sole  and  undisputed  possession  of  the  location  there- 
in described.  ,In  case  the  applicant  for  a  permit  is  the  owner 
of  the  surface  rights  of  the  location,  no  ground  rent  therefor 
shall  be  charged.  If  the  surface  of  the  location  is  not  the 
property  of  the  Crown,  and  the  permittee  desires  an  easement 
to  the  mine,  it  will  be  necessary  for  him  to  acquire  it  in  ac- 
cordance with  the  provisions  in  that  behalf  of  the  Regulations 
for  the  disposal  of  coal  lands  approved  by  Orders  in  Council 
of  the  17th  of  September,  1889,  and  the  9th  of  July,  1892. 

13-  The  permit  shall  be  returned  to  the  Agent  on  the  date 
specified   therein. 

14.  No  permit  shall  be  issued  to  mine  coal  on  lands  which 
are  not  situated  within  territory  designated  from  time  to  time 
by  the  Minister  of  the  Interior  as  a  Coal  Mining  District  for 
the  purposes  of  these  Regulations. 

15.  If  a  permittee  fails  to  comply  with  the  requirements  of 
any  of  the  provisions  of  these  Regulations,  the  permit  may 
be  forfeited  by  the  Minister  of  the  Interior. 

A.    M.    BURGESS, 
Deputy   of   the    Minister   of   the    Interior. 
Department  of  the  Interior,  Ottawa. 


i| 


Ni 


PUI 


PART  V. 

NORTHWEST    TERRITORY   AND 

MANITOBA. 


PUBLIC    LANDS   OTHER   THAN  MINERAL  BE- 
•     •  LpNQING  TO  THE  DOMINION 
OF  CANADA. 


PART    5. 

NORTHWEST  TERRITORY  AND  MANITOBA 
DOMINION  LANDS. 


Dominion  lands  as  herein  stated  applies  exclusively  to  pub- 
lic lands  belonging  to  the  Dominion  of  Canada  in  Manitoba 
and  the  Territories  of  Canada.  The  public  lands  of  the 
Yukon  District  in  the  Northwest  Territory  are  Dominion  lands 
and  are  governed  by  the  Dominion  land  law. 


NOTES. 


44a>» 


(i)     The    sections    or    clauses    which    have    been    inserted    in 

s    consolidation    under    the    numbers    "39a.,"    "42a.,"    "42b.," 
440.,  44c.,         44<l-.  49a.>         90a.,         90D.,         90c., 

and  "91a.,"  were  given  such  numbers  so  that  they  might  be  in- 
serted next  the  particular  provisions  to  which  they  respectively 
relate.  For  the  same  reason  section  i  of  57-58  Vic,  chap.  26, 
has  been  inserted  after  clause  23  as  a  proviso. 

(2.)  Section  5  of  55-56  Vic,  chap.  15,  inserted  in  this  consol- 
idation as  "47,"  not  only  repeals  clause  47  of  chap.  24,  R.  S. 
C,  but  also  amends  the  "Rocky  Mountains  Park  Act,"  50-51 
Vic,  chap.  32;  and  section  6  of  55-56  Vic,  chap.  15,  concern- 
ing as  it  does  the  subject  of  sections  107  and  108  of  the  "North- 
west Territories  Act,"  chap,  so,  R.  S.  C,  is  properly  a  new 
provision  of  that  act. 

(3.)  The  provisions  of  56  Vic,  chap.  18.,  and  of  58-59  Vic, 
chap.  34,  sections  i  and  2,  authorizing  the  Minister  to  grant 
homestead  entries  to  the  persons  named  therein,  respectively, 
for  the  school  lands  set  opposite  their  respective  names  and 
the  provisions  of  58-59  Vic,  chap.  34,  section  3,  authorizing 
the  sale  of  the  school  lands  therein  mentioned  to  the  Coch- 
rane Ranch  Company,  have  not  been  included  in  this  consoli- 
dation. 

(170) 


DOMINION   LANDS. 


171 


THE  REV^ISED  STATUTES  OF  CANADA. 

CHAPTER  54. 

AN  ACT  RESPECTING  PUBLIC  LANDS,  A.  D.   1886. 

(As  amended  by  50-51  Vic,  Chap.  31,  assented  to  23rd  June, 
A.  D.  1887;  SI  Vic,  Chap.  21,  assented  to  22nd  May,  A.  D. 
1888;  52  Vic,  Chap  27,  assented  to  2nd  May,  A.  D.  1889;  54- 
55  Vic,  Chap.  24,  assented  to  30th  September,  A.  D.  1891; 
55-56  Vic,  Chap.  15,  assented  to  gth  July,  A.  D.  1892;  57-58  Vic. 
Chap.  26,  assented  to  23rd  July,  1894;  and  58-59  Vic,  Chap. 
34,  assented  to  22nd  July,  1895.)  With  amendments  of  29th 
of  June,   1897. 

Her  Majesty,  by  and  with  the  advice  and  consent  of  the 
Senate  and   House  of  Commons  of  Canada,  enacts  as  follows: 

Sec  I.  SHORT  TITLE.— This  act  may  be  cited  as  "The 
Dominion  Lands  Act,"  46  V.,  c  17,  s.  i,  part. 

Sec.  2.  INTERPRETATION.  "MINISTER."— («.)  The 
expression  "  Minister"   means  the   Minister  of  the  Interior. 

"SURVEYOR-GENERAL."-  (6)  The  expression  "Sur- 
veyor-General" means  the  officer  of  the  Department  of  the 
Interior  who  bears  that  designation,  or  the  chief  clerk  perform- 
ing his  duties  for  the  time  being. 

"AGENT  OR  OFFICER."  "LOCAL  AGENT."  "LAND 
OFFICE."— (c.)  The  expression  "agent"  or  "officer"  means 
any  person  or  officer  employed  in  connection  with  the  adminis- 
tration and  management,  sale  or  settlement  of  Dominion  lands; 
the  expression  "local  agent"  means  the  agent  for  Dominion 
lands  employed  as  aforesaid,  with  respect  to  the  lands  in  ques- 
tion; and  the  expression  "land  office"  means  the  office  of  any 
such  agent. 

"DOMINION  LAND  SURVEYOR."— (d.)  The  expres- 
sion "Dominion  Land  Surveyor"  means  a  surveyor  duly  au- 
thorized, under  the  provisions  of  this  Act,  to  survey  Dominion 

lands. 

"CROWN  TIMBER  AGENT."— (e.)  The  expression 
"Crown  Timber  Agent'*  means  the  local  officer  appointed  to 
collect  dues  and  to  perform  such  other  duties  as  are  assigned 
to  such  officer,  in  respect  to  the  timber  on  Dominion  lands. 


172 


NORTHWEST  TERRITORY. 


4  I' 


"CLAUSE."  "SUB-CLAUSE."  —  (/.)  The  expression 
"clause"  means  a  section  of  this  Act,  or  of  any  Act  herein 
cited,  distinguished  by  a  separate  number;  and  the  expression 
"sub-clause"  means  a  subdivision  of  any  clause  distinguished 
by  a  separate  number  or  letter  in  smaller  type. 

"DOMINION  LANDS."-(a.)  The  expression  "iDominion 
lands"  means  any  lands  to  which  this  Act  applies. 

"PREEMPTION  ENTRY."  "PRE-EMPTION  RIGHT." 
— (fc.)  The  expression  "pre-emption  entry"  means  the  entering 
on  the  books  of  a  local  agent  of  a  preferential  claim  to  acquire 
by  purchase,  in'  connection  with  a  homestead  entry,  and  on  be- 
coming entitled  to  a  patent  for  the  homestead,  a  quarter  sec- 
tion, or  a  part  of  a  quarter  section  of  land  adjoining  such  home- 
stead; and  the  expression  "pre-emption  right"  means  the  right 
of  obtaining  a  patent  for  such  quarter-section,  or  a  part  of  a 
quarter-section,  on  the  said  condition  and  on  payment  of  the 
price  fixed  by  the  Governor  in  Council  at  the  time  of  entry  in 
the  class  of  lands  in  which  such  pre-emption  is  comprised,  in 
respect  of  land  subject  to  pre-emption  ntry.  46  V.,  c.  17,  s.  i, 
part. 


APPLICATION    OF   ACT. 

APPLICATION  OF  ACT.— Sec.  3.  Except  as  provided 
by  any  other  Act  of  the  Parliament  of  Canada,  this  Act  ap- 
plies exclusively  to  the  public  lands  included  in  Manitoba  and 
the  several  territories  of  Canada.    46  V.,  c.  17,  s.  i,  part. 

AS  TO  LANDS  STILL  UNDER  INDIAN  TITLE.— Sec. 
4.  None  of  the  provisions  of  this  Act  shall  apply  to  territory 
the  Indian  title  to  which  is  not  extinguished.  46  V.,  c.  17, 
s.  3. 


ADMINISTRATION. 

ADMINISTRATION  AND  MANAGEMENT.  HOW  EF- 
FECTED.—Sec.  5.  The  Minister  shall  have  the  administra- 
tion and  management  of  the  Dominion  lands;  and  such  ad- 
ministration and  management  shall  be  effected  through  a 
branch  of  the  Department  of  the  Interior,  which  shall  be 
known  and  designated  as  "The  Dominion  Lands  Office."  46 
v.,  c.  17,  s.  2,  part. 


DOMINION  LANDS. 


«73 


GOVERNOR  IN  COUNCIL  MAY  APPOINT  CERTAIN- 
OFFICERS.  THEIR  POWERS  AND  DUTIES.— Sec.  6. 
The  Governor  in  Council  may  appoint  an  officer  who  shall 
be  styled  "The  Commissioner  of  Dominion  Lands,"  an  officer 
who  shall  he  styled  "The  Inspector  of  Dominion  Lands  Agen- 
cies," and  an  officer  who  shall  be  styled  "The  Superintendent 
of  Mines,"  and  such  officers  shall  respectively  have  the  powers, 
not  inconsistent  with  the  provisions  of  this  Act,  and  perform 
the  duties  that  are,  from  time  to  time,  conferred  upon  and 
assigned  to  them  by  order  of  the  Governor  in  Council. 

DOMINON  LANDS  BOARD  MAY  BE  ESTABLISHED. 
COMPOSITION  AND  POWERS.— a.  The  Governor  in  Coun- 
cil may  also  establish  a  "Dominion  Lands  Board"  to  investi- 
gate and  settle  all  disputed  questions  arising  out  of  the  duties 
imposed  upon  the  Commissioner  of  Dominion  Lands,  the  In- 
spector of  Dominion  Lands  Agencies,  and  the  Superintendent 
of  Mines,  and  all  other  matters  connected  with  the  administra- 
tion of  the  Dominion  lands  system  in  Manitoba  and  the  North- 
west Territories;  and  such  Dominion  Lands  Board  shall  be 
composed  of  such  persons,  and  shall  have  such  powers  and 
authority,  not  inconsistent  with  this  Act,  and  shall  perform 
such  duties  as  the  Governor  in  Council,  from  time  to  time, 
directs.    40  V.,   c.  z"],   s.  2,  part. 

EMPLOYEES  OF  DEPARTMENT  NOT  TO  PUR- 
CHASE DOMINION  LANDS;  OR  GIVE  INFORMATION 
WITHOUT  PERMISSION  OF  MINISTER.  Sec.  ;•  No  per- 
son employed  in  or  under  the  Department  of  the  Interior  shall 
purchase  any  Dominion  lands  except  under  authority  of  the 
(Governor  in  Council,  or  shall  locate  military  or  bounty  land 
warrants,  or  land  scrip,  or  act  as  agent  of  any  other  person  in 
such  behalf;  and  no  person  so  employed  shall  disclose  to  any 
person  except  his  superior  officer,  any  discovery  made  by  him 
or  by  any  other  officer  of  the  Department  of  the  Interior  or  any 
other  information  in  his  possession  in  relation  to  Dominion 
lands,  until  such  discovery  or  information  has  been  reported 
to  the  Minister  of  the  Interior,  and  his  permission  for  such 
disclosure  has  been  obtained. 

EMPLOYEES  IN  OUTSIDE  SERVICE  OF  DOMINION 
LANDS  BRANCH  AND  EXTRA  CLERKS  TO  TAKE 
OATHS  OF  ALLEGIANCE  AND  OFFICE.— 2.  Every  per- 
son  employed    in    the    outside    service    of   the    Dominion    lands 


174 


NORTHWEST  TERRITORY. 


branch  of  the 
done   so,    and 
who  has  not 
clerk   who   is 
paid    to    him, 
also  the  oath 
Civil   Service 
part. 


Department  of  the  Interior,  who  has  not  already 

every   extra   clerk    employed   in   the   said    branch 

already  done  so,  shall,  and  every  person  or  extra 

hereafter  so  employed,  shall,  before  any   salary  is 

take   and    subscribe   the    oath    of   allegiance,    and 

of  ofllice  prescribed  by  clause  fifty-seven  of  "The 

Act."    46  v.,  c.   17,   s  2,  part;— 49  V.  c.   27,  s.  2, 


SURVEYS. 

SYSTEM  OF  SURVEY.  TOW  NSHIPS.— Sec.  8.  The 
Dominion  lands  shall  be  laid  off  in  quadrilateral  townships, 
each  containing  thirty-six  sections  of  as  nearly  one  mile 
SQuare  as  the  convergence  of  meridians  permits,  with  such 
road  allowances  between  sections,  and  of  such  width,  as  the 
Governor  in  Council  prescribes. 

SECTIONS.— 2.  The  sections  shall  be  bounded  and  num- 
bered as   shown   by  the  following  diagram  r 

N. 


W 


3' 

32 

33 

34 

3S 

^r, 

30 

29 

28 

27 

26 

2=; 

19 

20 

21 

22 

23 

21 

18 

I- 

16 

15 

14 

i^ 

7 

8 

9 

10 

II 

12 

6 

5 

4 

3 

2 

I 

s. 


46  v.,  c.   17.  ••  4« 


DOMINION   LANDS. 


m 


LINES  HOUNDING  TOWNSHIPS.-Sec.  9.  The  1  nes 
bounding  townships  on  the  east  and  west  sides  shall  be  merid- 
ians; and  those  on  the  north  and  south  sides  shall  be  chords 
to  parallels  of  latitude.    46  V.,  c.   17,  s.  5. 

HOW  TOWNSHIPS  SHALL  BE  NUMHERED  FROM 
PRINCIPAL  MERIDIAN.  FROM  OTHER  MERIDIANS. 
—Sec.  ID.  The  townships  shall  be  numbered,  in  regular  order, 
northerly  from  the  International  Boundary,  or  forty-ninth  par- 
allel of  latitude,  and  shall  lie  in  ranges  numbered,  in  Mani- 
toba, east  and  west  from  a  certain  meridian  line  run  in  the 
year  one  thousand  eight  Viundred  and  sixty-nine,  styled  the 
"principal  meridian,"  drawn  northerly  from  the  forty-ninth 
parallel  of  north  latitude  at  a  point  ten  miles,  or  thereabouts, 
westerly  from  Pembina;  and  in  ranges  numbered  from  such 
other  initial  meridians  throughout  the  Northwest  Territories 
as  the  Minister,  in  his  direction  of  the  land  surveys,  orders  to 
be  established. 

DESIGNATION  OF  MERIDIANS.-2.  Such  meridians 
shall  be  styled  the  second,  the  third,  the  fourth  meridian,  and 
so  on,  according  to  their  order  in  number  westward  from  the 
principal  meridian.    46  V.,  c.   17.   s.  6. 

WIDTH    OF   TOWNSHIPS   ON    BASE    LINES.-Sec.    11. 

« 

Except  as  herein  otherwise  provided,  townships  shall  be  given 
their  prescribed  width  on  the  base  lines  hereinafter  mentioned; 
and  the  meridians  between  townships  shall  be  drawn  across 
svich  bases,  northward  and  southward,  to  the  depth  of  two 
townships  therefrom,  that  is  to  say,  to  the  correction  lines 
hereinafter    mentioned. 

CERTAIN  ME:RIDIANS  HOW  SURVEYED.— 2.  The 
meridians  between  those  townships  situated  between  the  In- 
ternational Boundary  or  first  base  line  and  the  first  correction 
line,  shall  be  surveyed  to  the  south  from  the  said  first  correc- 
tion line  to  the  said  International  Boundary  or  first  base  line. 
52  v.,  c.  27,  s.   I. 

BASE  LINES  OF  TOWNSHIPS.— Sec.  12.  The  said  for- 
ty-ninth parallel,  or  International  Boundary,  shall  be  the  first 
base  line,  or  that  for  townships  numbered  one;  the  second  base 
hne  shall  be  between  townships  four  and  five;  the  third  be- 
tween townships  eight  and  nine;  the  fourth  between  townships 
twelve  and   thirteen;    the   fifth    between   townships    sixteen   and 


T76 


NORTHWEST  TERRITORY. 


seventeen;   and  so  on,  northerly,  in  regular  succession.    46  V., 
c.    17.  s.  8. 

CORRECTION  LINES.— Sec.  13.  The  correction  lines,  or 
those  upon  whicli  the  jog  resulting  from  the  convergence  of 
meridians  shall  be  allowed,  shall  be  as  follows,  that  is  to  day: 
on  the  line  between  townships  two  and  three,  on  that  between 
six  and  seven,  on  that  betv/een  ten  and  eleven,  and  so  on, 
that  is  to  say:  they  will  be  those  lines  running  east  and  west 
between  townships  and  midway  between  the  bases.  46  V.,  c. 
17.  s.  9. 

DIVISIONS  OF  A  SECTION.— Sec.  14.  Each  section 
shall  be  divided  into  quarter-sections  of  one  hundred  and 
sixty  acres,  more  or  less,  subject  to  the  provisions  hereinafter 
made.    <i6  V.,  c.  17.   s.   10. 

ALLOWANCE  FOR  DEFICIENCY  OR  SURPLUS.-Sec. 
IS-  In  the  survey  of  a  township,  the  deficiency  or  surplus  re- 
sulting from  convergence  of  meridians,  shall  be  allowed  in 
the  range  of  quarter-sections  adjoining  the  west  boundary  of 
the  township,  and  the  north  and  south  error  in  closing  on  the 
correction  lines  from  the  north  or  south  shall  be  allowed  in 
the  ranges  or  quarter-sections  adjoining,  and  north  or  south 
respectively  of  the  said  correction  lines;  excepting  in  the  case 
of  the  north  and  south  closings  in  those  townships  between 
the  first  correction  line  and  the  International  Boundary  or 
first  base  line,  which  error  is  10  be  left  in  the  last  quarter-sec- 
tion adjoining  the  sad  first  base  line;  but  the  Governor  in 
Council  may  orc^er  siirh  deficiency  or  surplus,  and  such  north 
and  south  error,  or  either  of  them,  to  be  equally  distributed 
among   all    the   quarter-sections   involved.    52   V.,    c.    vj,    s.    2 

IRREGULAR  QUARTE.-SECTIONS.-Sec.  16.  The  di- 
mens'ons  and  area  of  irregular  quarter-sections  shall,  in  all 
cases,  be  returned  by  the  surveyor  at  their  actual  measure- 
ments and   contents.    46  V.,  c.    17,  s.    12. 

Sec.  17.  (Sec.  17  of  Chap.  54,  R.  S.  C,  whioh  was  origi- 
nally 46  Vic.  Chap.  17,  Sec.  13,  was  repealed  by  55-56  Vic, 
Chap.   IS,   Sec.  i.) 

POSTS  AND  MONUMENTS  AT  CORNERS.-Sec  18. 
Except  as  hereinafter  provided,  only  a  single  row  of  posts  or 
monuments,  to  indicate  the  corners  of  townships  or  sections 
shall  be  placed  on  any  survey  line  thereof;  such  posts  or  men- 
itments   shall,  on  north  and  south  lines,   be  placed  in  the  west 


DOMINION   LANDS. 


177 


limit  of  the  road  allowances,  and  on  the  east  and  west  lines,  in 
the  south  limit  of  the  road  allowances,  and  in  all  cases  shall  fix 
and  govern  the  position  of  the  boundary  corner  between  the 
adjoining  townships,  sections,  or  quarter-sections,  on  the  oppo- 
site side  of  the  road  allowance. 

AS  TO  CORNERS  ON  CORRECTION  LINES.  2.  In 
the  case  of  township,  section  and  Quarter-section  cor- 
ners on  correction  lines,  posts  or  monuments  shall,  in  all 
cases,  be  planted  and  marked  independently  for  the  townships 
on  either  side;  those  for  the  townships  north  of  the  line,  in 
the  north  limit  of  the  road  allov-ance,  and  those  for  the  town- 
ships south  of  the  line,  in  the  south  limit.    46  V.,  c.  17,  s.  14. 

SURVEY3  TO  BE  GIVEN  OUT  BY  CONTRACT  OR 
TENDER. — Sec.  19.  The  township  subdivision  surveys  of 
Dominion  lands,  according  to  the  system  above  described,  shall 
be  performed  under  contract  at  a  certain  rate  per  township, 
per  mile  or  per  acre,  fixed,  from  time  to  time,  by  the  Gover- 
nor in  Council,  or  by  competitive  tender,  as  the  Governor  in 
Council,    from  time  to  time,   directs. 

EXCEPTION.— 2.  In  special  cases  where  circumstance 
render  it  advisable  to  effect  otherwise  the  survey  of  a  town- 
ship or  townships,  the  Governor  in  Council  may  order  the 
same  to  be  done.    46  V.,  c.   17,  s.  is. 

LEGAL  SUBDIVISION  OF  TOWNSHIPS.— Sec.  20.  To 
facilitate  the  description  lor  letters  patent  of  less  than  a  quarter 
section,  every  section  shall  be  supposed  to  be  divided  into 
quarter-quarter-sections,  or  forty  acres,  and  such  quarter-quar- 
ter-sections shall  be  numbered  as  shown  in  the  following  dia- 
gram, which  is  intended  to  show  such  subdivisions  of  a  section, 
..'lich   shall    be   styled   legal   subdivisions: 

N. 


W. 


13 

14 

15 
10 

16    ; 

1 

12 

II 

9 

5 

6 

7 

S 

I 
1 

4 

3 

7 

; 


s. 


13 


178 


NORTHWEST  TERRITORY. 


AREAS  TO  BE  MORE  OR  LESS.~2.  The  area  of  any 
lejal  subdivision  as  above  set  forth  shall,  in  letters  patent,  be 
held  to  be  more  or  less,  and  shall,  in  each  case,  be  represented 
by  the  exact  quantity  as  given  to  such  subdivision  in  the  orig- 
inal  survey.    46   V.,    c.    17,    s.    16. 

AS  TO  LAYING  OUT  AND  DESCRIBING  CERTAIN 
LANDS.  R.  S.  C,  c.  48.— Sec.  21.  Nothing  in  this  Act  shall 
be  construed  to  prevent  the  land  upon  the  Red  and  Assini- 
boine  Rivers,  surrendered  by  the  Indians  to  the  late  Earl  of 
Selkirk,  from  being  laid  out  in  such  manner  as  is  necessary  in 
order  to  carry  out  the  provisions  of  section  two  of  the  Act 
respecting  certain  Claims  to  Lands  in  the  Province  of  Mani- 
toba, or  to  prevent  fractional  sections  or  lands  bordering  on 
any  river  or  lake,  or  other  water-course,  or  on  a  public  road, 
from  being  laid  out  and  divided  into  lots  of  any  certain  front- 
age or  depth,  in  such  manner  as  appears  desirable,  or  to  pre- 
vent the.  subdivision  of  sections  or  other  legal  subdivisions 
into  wood  lots  as  hereinafter  provided,  or  the  describing  of 
the  said  lands  upon  the  Red  and  Assiniboine  Rivers,  or  such 
subdivisions  of  fractional  sections  or  lands  bordering  as 
above,  or  other  lots,  or  wood  Ibts,  for  patent,  by  numbers  ac- 
cording to  a  plan  of  record,  or  by  metes  and  bounds,  or  by 
both,  as  seems  expedient,  or  to  prevent  any  Dominion  lands 
in  the  mountainous  regions  of  Manitoba,  the  Northwest 
Territories  and  British  Columbia,  where  the  ordinary  mode  of 
survey  is  impracticable,  from  being  laid  out  into  townships, 
sections,  quarter-sections  or  legal  subdivisions  by  fixing  the 
corners  of  such  townships,  sections,  quarter-sections,  or  legal 
subdivisions  by  reference  to  points  determined  by  astronomical 
observation  or  by  triangulation  or  other  geodetic  process,  in 
such  manner  as  the  Minister  directs,  and  the  describing  of 
such  townships,  sections,  quarter-sections,  or  legal  subdivi- 
sions for  patent  by  metes  :ind  bounds  according  to  a  plan  of 
record.    s.5-s6  V.,  c.    15,  s.  2. 


DISPOSAL  OF  DOMINION  LANDS. 


LANDS    RESERVED    BY    THE    HUDSON'S     BAY    COM- 
PANY. 
CERTAIN    SECTIONS    AND      PARTS    OF     SECTIONS 
IN    CERTAIN    TOWNSHIPS    TO    BE    HUDSON'S    BAY 


DOMINION  LANDS. 


179 


COMPANY'S  LANDS.— Sec.  22.  In  every  fifth  township  in 
the  territory  surrendered  to  the  Crown  by  the  Hudson's  Bay 
Company,  and  described  and  designated  as  the  "fertile  belt," 
that  is  to  say:  in  those  townships  numbered  five,  ten,  fifteen, 
twenty,  twenty-five,  thirty,  thirty-five,  forty,  forty-five,  fifty, 
and  so  on  in  regular  succession  northerly  from  the  Interna- 
tional Boundary,  the  whole  of  sections  numbers  eight  and 
twenty-six,  and  in  each  and  every  of  the  other  townships,  the 
whole  of  section  number  eight,  and  the  south  half  and  north- 
west quarter  of  section  number  twenty-six,  except  in  the  cases 
hereinafter  provided  for,  shall  be  known  and  designated  as 
the  lands  of  the  said  Company. 

COMPANY'S  LANDS  IN  FRACTIONAL  TOWNSHIPS. 
—2.  The  Company's  one-twentieth  of  the  lands  in  fractional 
townships  shall  be  satisfied  out  of  one  or  other  or  both, 
as  the  case  may  be,  of  the  sections  numbers  eight  and  twenty- 
six  as  above,  in  such  fractional  townships,  and  the  allotment 
thereof  shall  be  effected  by  the  Minister  and  the  said  Com- 
pany, or  by  some  person  duly  authorized  by  them  respectively. 

COMPANY  MAY  SELECT  LANDS  IN  LIEU  OF  ANY 
FOUND  SETTLED  UPON  BY  AUTHORITY.— 3.  If, 
when  the  survey  of  a  township  is  effected,  the  sections  so  al- 
loted,  or  any  of  them,  or  any  portion  of  them,  are  found  ta 
have  been  bona  fide  settled  on  under  the  authority  of  any  Or-. 
der  in  Council,  or  of  this  Act,  the  Company  may,  if  it  fore- 
goes its  right  to  the  sections  settled  upon  as  aforesaid,  or  any 
one  or  more  of  such  sections,  select  a  quantity  of  land  equal 
to  that  so  settled  on,  and  in  lieu  thereof,  from  any  lands  then. 
unoccupied. 

COMPANY'S  LANDS  NOT  TO  BE  INCLUDED  IN 
TIMBER  LIMITS. —  i.  When  the  sections  and  parts  of  sec- 
tions above  mentioned  are  situate  in  any  township  withdrawn 
from  settlement  and  sale,  and  held  as  timber  lands  under  the 
provisions  hereinafter  contained,  the  same  shall  form  no  part 
of  the  timber  limit  or  limits  included  in  such  township,  but 
shall  be  the  property  of  the  Company. 

COMPANY  TO  HAVE  ONE-TWENTIETH  OF  REV- 
ENUE FROM  TIMBER  LIMITS  IN  UNSURVEYED 
LANDS  IN  FERTILE  BELT.— 5.  One-twentieth  of  the  rev- 
enue  derived    from   timber   limits    granted    in   unsurveyed    terri>. 


' ''         •       *  ~      '1:1 


i8o 


NORTHWEST  TERRITORY. 


tory  within  the  fertile  belt,  as  hereinafter  provided,  shall,  so 
long  as  thr  townships  comprised  in  the  same  remain  unsur- 
veyed,  be  annually  paid  and  accounted  for  to  the  Company; 
but  such  onc'twentieth  shall  cease  or  be  diminished  in  propor- 
tion as  the  townships  comprised  in  such  limits,  or  any  of 
them,  are  surveyed;  and  in  such  case  the  Company  shall  re- 
ceive their  one-twentieth  interest  in  the  lands  in  such  town- 
ships, in  sections  eight  and  twenty-six,  as  hereinbefore  pro- 
vided. 

AS  TO  LANDS  FOUND  DENUDED  OF  TIMBER.-^. 
If  the  said  sections,  or  either  of  them,  when  surveyed  as  afore- 
said, piove  to  have  been  denuded  of  timber  by  the  lessee,  to 
the  extent  ot  one-Lalf  or  more,  the  Company  shall  not  be  bound 
to  accept  such  sei ,  ion  or  sections  so  denuded,  and  shall  be 
entitled  to  select  a  section  or  sections  of  an  equal  extent,  in 
lieu  thereof,  from  any  unoccupied  lands  in  the  township. 

TITLE  TO  LANDS  TO  PASS  TO  COMPANY  WITH- 
OUT PATENT  IN  CERTAIN  CASES.  ISSUE  OF  PAT- 
ENTS IN  OTHER  CASES.— 7.  As  townships  are  sur- 
veyed, and  the  respective  surveys  thereof  are  confirmed, 
or  as  townships  or  parts  of  townships  are  set  apart  and  re- 
served from  sale  as  timber  lands,  the  Governor  of  the  Com- 
pany shall  be  duly  notified  thereof  by  the  Minister,  and  there- 
upon this  Act  shall  operate  to  pass  the  title  in  fee  simple  in 
the  sections  or  three-quarter  parts  of  sections  to  which  the 
Company  is  entitled  under  this  clause,,  as  aforesaid,  and  to 
vest  the  same  in  the  Company,  without  the  issue  of  a  patent 
for  such  lands;  and  as  regards  the  lands  set  apart  by  allotment, 
and  those  selected  to  satisfy  the  one-twentieth  in  townships 
other  than  the  above,  as  provided  in  sub-clauses  two  and 
three  of  this  clause,  returns  thereof  shall  be  made  in  due 
course  by  the  local  agent  or  agents,  to  the  Dominion  lands 
office,  and  patents  shall  issue  for  the  same  accordingly.  46  V., 
c.   17.  s.   18. 


SCHOOL   LANDS. 

SECTIONS  II  AND  29  IN  EACH  TOWNSHIP  SET 
APART,  AND  WITPIDRAWN  FROM  SALE  OR  HOME- 
STEAD   ENTRY — Sec.    23.     Sections    eleven    and    twenty-nine 


DOMINION  LANDS. 


i8i 


in  every  surveyed  township  throughout  the  extent  of  the  Domin- 
ion lands  are  hereby  set  apart  as  an  endowment  for  purposes 
of  education,  and  shall  be  designated  school  lands;  and  they 
are  hereby  withdrawn  from  the  operation  of  the  clauses  of  this 
Act  which  relate  to  the  sale  of  Dominion  lands  and  to  home- 
stead rights  therein;  and  no  right  to  purchase  or  to  obtain 
homestead  entry  shall  be  recognized  in  connection  with  the 
said  sections,  or  any  part  of  them.     (46  V.,  c.  17,  s.  19.) 

R.  S.  C,  c.  54,  s.  23  AMENDED.  RIGHTS  OF  SETTLER 
ON  SCHOOL  LANDS  BEFORE  SURVEY.  OTHER 
LANDS  TO  BE  SET  APART  AS  SCHOOL  LANDS  IN- 
STEAD.— Provided,  that  any  person  who  is  proved  to  the  satis- 
faction of  the  Minister  to  have  bona  fide  settled  and  made  im- 
provements upon  any  such  section  before  the  survey  of  the 
township  containing  such  section,  may  be  granted  a  homestead 
entry  for  the  land  so  occupied  by  him,  not  in  excess  of  one 
hundred  and  sixty  acres,  if  such  lands  are  in  other  respects  of 
the  class  open  to  homestead  entry:  Provided,  further,  that  in 
every  such  case  the  Minister  shall  select  from  the  unclaimed 
lands  in  the  township  an  area  equal  to  that  for  which  entry  is 
granted,  and  shall  by  notice  in  the  Canada  Gazette  withdraw  it 
from  sale  and  settlement  and  set  it  apart  as  school  lands.  57-58 
v.,  c.  26,  s.  I. 

HOW  TO  BE  ADMINISTERED.— Sec.  24.  The  school 
lands  shall  be  administered  by  the  Minister  under  the  direction 
of  the   Governor  in   Council.    46  V.,  c.    17,   s.   20,   part. 

SALE  TO  BE  BY  PUBLIC  AUCTION.— Sec.  25.  All 
sales  of  school  lands  shall  be  at  public  auction,  and  an  upset 
price  shall  be  fixed,  from  time  to  time,  by  the  Governor  in 
Council;  but  in  no  case  shall  such  lands  be  put  up  at  an  upset 
price  less  than  the  fair  value  of  corresponding  unoccupied 
lands   in  the  township   in   which  such   lands  are   situate. 

TERMS  OF  PAYMENT.— 2.  The  terms  of  sale  of  school 
lands  shall  be  at  least  one-fifth  in  cash  at  the  time  of  sale,  and 
the  remainder  in  four  equal  successive  annual  instalments, 
with  interest  at  the  rate  of  six  per  cent  per  annum,  '.vhich  shall 
be  paid  with  each  instalment  on  the  balance  of  purchase 
money,  from  time  to  time,   remaining  unpaid. 

INVESTMENT  OF  PURCHASE  MONEYS.  AND  DIS- 
POSAL   OF    INTER I<:ST    THEREON.— 3.     All    moneys,    from 


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i8a 


NORTHWEST  TERRITORY. 


time  to  time,  realized  from  the  sale  of  school  lands,  shall  be 
invested  in  securities  of  Canada,  to  form  a  school  fund,  and 
the  interest  arising  therefrom  after  deducting  the  cost  of  man- 
agement, shall  be  paid  annually  to  the  Government  of  the 
Province  or  Territory  within  with  such  lands  are  situated, 
towards  the  support  of  public  schools  therein;  and  the  moneys 
so  paid  shall  be  distributed  for  that  purpose  by  the  Govern- 
ment of  such  Province  or  Territory  in  such  mtinner  as  it  deems 
expedient.    46  W,  c.  17,  s.  20,  part. 


MILITARY   BOUNTY    LAND    SCRIP. 

WARRANTS  INSTJ£AD  OF  SCRIP  FOR  MILITARY 
SERVICES. — Sec.  26,  In  all  cases  in  which  land  scrip  has 
been  earned,  or  is  hereafter  given  by  Canada,  for  military 
services,  warrants  therefor  shall  be  granted  in  favor  of  the 
persons  entitled  thereto,  by  the  ^Minister  of  Militia  and  De- 
fense; and  such  warrants  shall  be  recorded  in  the  Department 
of  the  Interior. 

MAY  BE  GIVEN  IN  PAYMEXT  FOR  LANDS.  PRO- 
VISO.— 2.  Such  warrants  shall  be  received  at  the  value  shown 
upon  their  face,  in  payment  for  any  Dominion  lands  open  for 
sale;  but  no  greater  area  in  any  township  than  twenty  per 
cent  of  the  land,  exclusive  of  school  and  Hudson's  Bay  Com 
pany's  lands,  shall  be  open  for  entry  by  military  bounty  war- 
rants. 

AS  TO  ACCEPTANCE  OF  WARRANTS  AS  PURCHASE 
MONEY. — 3.  \\  hen  warrants  are  accepted  as  purchase  money, 
any  deficiency  shall  be  payable  in  cash ;  but  if  any  payment  by 
warrant  or  by  amount  in  warrants,  is  in  excess  of  the  amount 
of  the  purchase  money,  the  excess  shall  not  be  returned  by 
the  Crown.     [6  V.,  c.  17,  s.  21. 

ASSIGNMENTS  NOT  ALLOWED,  BUT  WARRANTS 
TO  BE  PAYABLE  TO  BEARER.— Sec.  27.  Assignments  of 
militar\  bounty  warrants,  or  of  the  expectancy  of  the  same. 
shall  nv>t  be  recosjnized;  but  the  warrants  shall,  similarly  to 
other  land  scrip,  be  considered  payable  to  bearer;  the  warran- 
tees shall  be  at  all  risk  of  their  loss,  and  no  warrant  shall  be 
duplicated. 


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DOMINION  LANDS. 


183 


AND  TO  PASS  TO  LEGAL  REPRESENTATIVES.-2. 
If  any  person  entitled  to  a  military  bounty  warrant  dies  be- 
fore  it  is  issued,  the  warrant  shall  issue  in  favor  of  the  legal 
representative  or  representatives  of  such  deceased  person.  46 
v.,  C.   I7t  s.  22. 

GRANTS  UNDER  ORDER  IN  COUNCIL  OF  25TH 
APRIL,  1871.  CON  FIRM  ED.--Sec.  28.  All  free  grants  of 
land  made  under  an  order  of  the  Governor  in  Council,  dated 
the  twenty-fifth  day  of  April,  one  thousand  eight  hundred  and 
seventy-one,  by  which  it  was  declared  that  the  officers  and  sol- 
diers of  the  first  or  Ontario,  and  the  second  or  Quebec  battal- 
ion of  rifles,  then  stationed  in  Manitoba,  whether  in  the  serv- 
ice or  in  depot  companies,  and  not  dismissed  therefrom 
should  be  entitled  to  a  free  grant,  without  actual  residence, 
of  one  quarter-section,  are  hereby  confirmed,  and  the  Minister 
of  Militia  and  Defense  shall  issue  the  necessary  warrants  there- 
for accordingly. 

ASSIGNMENTS  OF  GRANTS  UNDER  SUCH  ORDER, 
ATTESTED    AS    HEREIN    MENTIONED,     RECOGNIZED. 

—2.  Every  assignment  of  his  interest  by  a  person  so  entitled 
duly  mide  and  attested,  and  having  tlie  certificate  of  discharge 
in  the  case  of  non-commissioned  officers  or  private  soldiers, 
attached  thereto,  and  filed  in  the  l.>uminion  lands  office  before 
the  issue  of  the  warrant,  shall  be  hcla  10  transfer  in  each 
case  the  interest  of  the  person  so  entitled  in  the  warrant  when 
issued — which  latter,  in  every  such  case,  shall  be  attached, 
after  registry,  to  the  assignment  on  file,  and  held  for  delivery 
to  the  person  entitled  thereto,  or  for  location.  46  V.,  c.  17,  s. 
23- 


SALE    OF    DOMINION    LANDS. 

AS  TO  SALE  OF  SURVEYED  LANDS.-Sec.  29.  Do- 
minion lands,  as  the  surveys  thereof  are  duly  made  and  con- 
firmed, shall,  except  as  otherwise  hereinafter  provided,  be 
open  for  purchase,  at  such  prices,  and  on  such  terms  and  con- 
ditions as  are  fixed,  from  time  to  time,  by  the  Governor  in 
Council;  but  no  purchase  shall  be  permitted  at  a  less  price 
than  one  dollar  per  acre. 

NOT   MORE   THAN   640   ACRES    TO    ONE   PERSON.— 2. 


It    i'M 


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184 


NORTHWEST  TERRITORY. 


Except  in  special  cases  in  which  the  Governor  in  Council 
otherwise  orders,  no  sale  to  one  person  shall  exceed  a  section, 
or  six  hundred  and  forty  acres. 

MAY  BE  RESTRICTED.--3.  Sales  shall  be  restricted, 
when  the  Governor  in  Council  deems  it  expedient,  to  the  odd- 
numbered  sections  in  each  township. 

SALE  BY  AUCTION  IN  CERTAIN  CASES.-4-  Such 
unoccupied  lands  as  the  Minister  deems  expedient,  from  time 
to  time,  may,  when  he  so  orders,  be  withdrawn  from  ordinary 
sale  and  settlement,  and  sold  at  public  auction  to  the  highest 
bidder — an  upset  price  being  fixed  for  the  same. 

AS  TO  WATER  POWERS,  &c.— 5.  Every  legal  subdivi- 
sion or  other  portion  of  Dominion  lands,  which  includes  a  water 
power,  harbor  or  stone  quarry,  shall  be  reserved  from  ordi- 
nary sale,  and  shall  be  disposed  of  in  such  manner,  and  on  such 
terms  and  conditions,  as  are  fixed  by  the  Governor  in  Council, 
on  the  report  of  the  Minister.    46  V.,  c.  17,  s.  24. 


TOWN  PLOTS,  &c. 

MINISTER  MAY  RESERVE  TRACTS  FOR  TOWN 
PLOTS,  &c.  Sec.  30.  Th ,  Minister  may  withdraw  from  sale 
or  homestead  entry  any  tract  or  tracts  of  land,  and  may  lay  the 
same  out  into  town  or  village  lots;  and  the  lots  so  laid  out 
shall  be  sold,  either  by  private  sale,  and  for  such  price  as  the 
Minister  sees  fit,  or  at  public  auction,— an  upset  price  being 
fixed  for  the  same: 

ARRANGEMENT  WITH  ANY  RAILWAY  COMPANY 
AS  TO  SALE  OF  SUCH  LANDS.  2.  When  the  lands  with- 
drawn from  sale  or  homestead  entry,  to  be  laid  out  into  town 
or  village  lots,  are  adjacent  to  lands  to  which  any  railway  com- 
pany is  entitled,  the  Minister  may  arrange  with  such  company 
that  the  lands  so  withdrawn,  and  such  lands  of  the  company 
in  the  town  or  village  as  are  agreed  upon,  shall  be  sold  on 
joint  account,  and  on  such  terms  as  appear  just  and  equitable; 
and  the  lands  so  withdrawn  may  be  granted  to  the  company, 
or  to  such  person  as  the  Government  and  the  company  agree 
upon,  for  the  purposes  of  such  sale. 

CONVEYANCE    FROM    GRANTEE.    3-    A   deed   from  tfre 


DOMINION   LANDS. 


185 


srrantee  to  the  purchaser  of  any  lands  so  withdrawn  and  sold, 
shall  give  the  latter  a  good  and  valid  title,  free  from  all 
char;;es.  encumbrances  and  trusts  not  expressed  in  the  deed 
of  conveyance  executed  by  the  grantee.    46  V.,  c.  17,  s.  25. 

GOVERNOR  IN  COUNCIL  MAY  SET  APART  LANDS 
FOR  OTHER  PUBLIC  PURPOSES.  Sec.  31-  The  Gover- 
nor in  Council  may  set  apart  and  appropriate  such  Dominion 
Lands  as  he  deems  expedient,  for  the  sites  of  market  places* 
jails,  court-houses,  places  of  public  worship,  burying-grounds, 
schools,  benevolent  institutions,  and  squares,  and  for  other 
similar  public  purposes,  and,  at  any  time  before  the  issue  of 
letters  patent  therefor,  may  alter  or  revoke  such  appropriation, 
as  he  deems  expedient;  and  he  may  make  free  grants,  for  the 
purposes  aforesaid,  of  the  lands  so  appropriated,  the  trusts  and 
uses  to  which  they  are  to  be  subject  being  expressed  in  the 
letters  patent.    46  V.,  c.  17,  s.  a6. 


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HOMESTEAD. 

ENTRY  FOR  HOMESTEAD  RIGHTS;  AREA  LIM- 
ITED. Sec.  32.  Every  person  who  is  the  sole  head  of  a  fam- 
ily, and  every  male  who  has  attained  the  age  of  eighteen  years* 
wha  makes  application  in  the  form  A  in  the  schedule  to  this 
Act,  shall  be  entitled  to  obtain  homestead  entry  for  any  quan- 
tity of  land  not  exceeding  one  quarter-section,  which  is  of  the 
class  of  land  open,  under  the  provisions  of  this  Act,  to  home- 
stead entry;  and  such  person  shall,  at  the  same  time  as  he  ob- 
tains his  entry,  declare  under  which  of  the  conditions  pre- 
scribed by  clause  thirty-eight  of  this  Act  he  elects  to  hold  the 
bnd  affected  by  such  entry.    50-51  V.,  c.  31,  s.  2. 

PREEMPTION  ENTRY  THEREWITH.  2.  Such  person 
may  also,  in  connection  with  such  homestead  entry,  obtain  at 
the  same  time,  but  not  at  a  later  date,  a  pre-emption  entry  for 
an  adjoining  unoccupied  quarter-section,  or  part  of  a  quarter- 
section,  of  land  of  the  said  class:* 

EFFECT  OF  SUCH  HOMESTEAD  AND  PRE-EMP- 
TION    ENTRY.      EXEMPTION    FROM     EXECUTION.    3. 


*N.  B. — See,  however,   provisions  of  clause  46,  discontinuing 
[pre-emption  entry  since   1st  January,   1890.    Post  page  201. 


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NORTHWEST  TERRITORY. 


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I'he  entry  for  a  homestead  and  for  its  attached  pre-emption,  if 
any,  shall  entitle  the  recipient  to  take,  occupy  and  cultivate  the 
land  entered  for,  and  to  hold  possession  of  the  same  to  the 
•exclusion  of  any  other  person  or  persdtis  whomsoever,  and  to 
bring  and  maintain  actions  for  trespass  committed  on  the  said 
land;  the  title  to  the  land  shall  remain  m  the  Crown  until  the 
issue  of  the  patent  therefor,  and  the  land  shall  not  be  liable  to 
be  taken  in  execution  before  the  issue  of  the  patent: 

TO  APPLY  ONLY  TO  AGRICULTURAL  AND  SUR- 
VEYED LANDS.  4.  The  privilege  of  homestead  and  pre- 
■cmption  entry  shall  only  apply  to  surveyed  agricultural  lands; 
no  person  shall  be  entitled  to  such  entry  for  land  valuable  for 
its  timber,  or  for  hay  land,  or  for  land  on  which  there  is  a 
stone  or  marble  quarry,  or  coal  or  other  mineral  having  com- 
mercial value,  or  whereon  there  is  any  water  power  which  may 
serve  to  drive  machinery,  or  for  land  which,  by  reason  of  its 
position,  such  as  being  the  dhore  of  an  important  harbor, 
bridge  site,  or  canal  site,  or  being  either  an  actual  or  prospec- 
tive railway  terminus  or  station,  it  is  in  the  public  interest 
to  withhold  from  such  entry.    46  V.,  c.   17,  s.  27. 

AS  TO  RIGHTS  OF  PERSONS  WHO  HAVE  SETTLED 
ON  LANDS  BEFORE  SURVEY.  Sec.  zz.  Whenever  the 
survey  of  any  township  has  been  finally  confirmed  and  such 
township  opened  for  homestead  entry,  any  person  who  has  bona 
fide  settled  and  made  improvements  before  such  confirmed 
•survey  on  land  in  such  township,  shall  have  a  prior  right  to 
obtain  homestead  entry  for  the  land  so  settled  on,  if  such  right 
is  exercised  within  thre«  months  after  the  land  is  open  for  set- 
tlement, and  if  such  land  has  not  been  reserved  or  the  right 
to  homestead  entry  is  not  excepted  under  the  provisions  of  this 
Act. 

AS  TO  HOMESTEAD  ENTRY  THEREAFTER.  2.  No 
homestead  entry  shall  be  granted  to  any  other  person  in  re- 
spect of  such  land  until  three  months  after  notice  in  writing 
lias  been  given  by  the  local  agent  to  such  bona  fide  settler  that 
such  land  is  open  for  settlement.    46  V.,  c.  17,  s.  28. 

AFFIDAVIT    TO     BE    MADE    BY    APPLICANT    FOR] 
HOMESTEAD     ENTRY.     FEE.     Sec.    34.    Every   person  ap- 
plying for  homestead  entry  shall  appear  and  make  affidavit  bfr| 
iore   the   local  agent,   or,   in   his   absence,   the  aenior   clerk  per-. 


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forming his  duties,  according  to  the  form  B,  C,  or  D  in  the 
schedule  to  this  Act,  as  the  circumstances  of  the  case  require; 
and  upon  tiling  such  affidavit  with  such  local  agent,  or  senior 
clerk,  and  on  payment  to  him  of  an  ofHce  fee  of  ten  dollars, 
such  person  shall  receive  a  receipt  from  the  local  agent,  or 
senior  clerk,  according'  to  the  form  £  in  the  schedule  to  this 
Act;  and  such  receipt  shall  be  a  certificate  of  entry  and  shall 
be  authority  to  the  person  obtaining  it  to  take  possession  of 
the  land  described  in  it. 

FURTHER  FEE  ON  PRE-EMPTION  ENTRY.  2.  If  a 
person  who  obtains  homestead  entry  applies  for  and  obtains  at 
the  same  time  a  pre-emption  entry,  he  shall  pay  to  the  local 
agent,  or  senior  clerk,  a  further  ofRce  fee  of  ten  dollars,  and 
shall  receive  therefor  from  him  a  receipt  in  like  form,  and 
having  like  efifect  to  that  prescribed  for  homestead   entry. 

HOW  ENTRIES  ARE  TO  BE  MADE  ON  BEHALF  OF 
ANOTHER  PERSON.  29  June,  1897.  The  Minister  of  the 
Interior  or  any  member  of  the  Dominion  Lands  Board  or  any 
other  person  named  for  the  purpose  by  the  Minister  upon 
requisition,  may  authorize  any  person  named  therein  to  make 
a  homestead  entry  or  homestead  and  pre-emption  entries,  on 
behalf  of  any  person  signing  such  requisition  and  desiring  to 
obtain  such  entry  or  entries. 

APPLICATION  IN  SUCH  CASE.  4.  The  person  so  au- 
thorized shall,  in  order  to  obtain  such  entry  or  entries,  make 
application  in  the  form  F  in  the  schedule  to  this  Act,  on  be- 
half of  each  of  those  whom  he  represents,  and  shall  make  an 
attiJavit  before  the  local  agent,  or,  in  his  absence,  the  senior 
clerk  performing  his  duties,  according  to  the  form  G,  H  or  J, 
in  the  schedule  to  this  Act,  as  the  circumstances  of  the  case 
require;  and  shall  pay  for  each  homestead  entry,  and  for  each 
pre-emption  entry,  the  office  fee  of  ten  dollars  hereinbefore 
prescribed  for  such  entry.  49  V.,  c.  27,  s.  4;  and  54 — 55  V.,  c. 
24,  s.   I. 

INVESTIGATION  IN  CASE  OF  DISPUTE  BETWEEN 
PERSONS  CLAIMING   ENTRY    FOR  THE   SAME  LAND. 

Sec.  35.  If  a  dispu'i.  arises  between  persons  claiming  the  right 
to  homestead  eilry  tnr  the  same  land,  the  local  agent,  or  any 
person  thereto  aathorized  by  the  Minister,  shall  make  investi- 
gation and  obtain  evidence  respecting  the  facts;  and  his  report 


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thereon,  together  with  the  evidence  taken,  shall  be  referred  to 
the  Minister  for  decision,  or  to  the  Dominion  Lands  Board* 
or  Commissioner  of  Dominion  Lands,  or  such  person  as  is  ap« 
pointed  by  the  Governor  in  Council  to  consider  and  decide  in 
cases  of  such  disputes. 

FIRST  SETTLER  ENTITLED  TO  ENTRY,  UNLESS 
CONTRARY  TO  PUBLIC  INTERESTS.  2.  When  two  or 
more  person  have  settled  upon  and  seek  to  obtain  homestead 
entry  for  the  same  land,  the  one  who  settled  first  thereon  shall 
be  entitled  to  such  entry,  if  the  land  is  of  the  class  open  to 
homestead  entry,  and  if  it  is  not  in  the  opinion  of  the  Minister 
otherwise  expedient,  in  the  public  interest,  to  entertain  any 
application  therefor. 

PROVISION  IN  CASE  CONTENDING  PARTIES 
HAVE  MADE  VALUABLE  IMPROVEMENTS.  3.  When 
contending  applicants  have  made  valuable  improvements  on  the 
land  in  dispute  the  Minister  may,  if  the  application  to  acquire 
the  land  by  homestead  entry  is  entertained  by  him,  order  a 
division  thereof  in  such  manner  as  shall  preserve  to  each  of 
the  parties  to  the  dispute,  as  far  as  practicable,  his  improve- 
ments;  and  the  Minister  may,  at  his  discretion,  direct  that  the 
difference  between  the  extent  of  the  land  so  allotted  to  each  of 
them  and  a  C'^arter-section  shall  be  made  up  from  unoccupied 
land  ad4oining,  if  there  is  any  such  of  the  class  open  to  home- 
svead  entry.    46  V.,  c.  17,  a.  30. 

DELAY  FOR  PERFECTING  ENTRY  LIMITED.  Sec. 
36.  Every  person  who  has  obtained  homestead  entry  shall  be 
allowed  a  period  of  six  months  from  its  date  within  which  to 
perfect  the  entry,  by  taking,  in  his  own  person,  possession  of 
the  land  and  beginning  continuous  residence  thereon  and  cut* 
tivation  thereof;  and  if  the  entry  is'  not  perfected  within  that 
period,  it  shall  be  void,  and  the  land  shall  be  open  to  entry  by 
another  person,  or  to  other  disposition  under  this  Act  by  the 
Minister: 

PROVISO:  AS  TO  ENTRY  OBTAINED  AFTER  FIRST 
SEPTEMBER,  a.  Provided,  that  every  person  who  obtains 
entry  on  or  after  the  first  of  September  in  any  year,  and  whose 
term  for  perfecting  the  same  expires  before  the  first  day  of 
June  following,  shall  be  allowed  an  extenrjon  of  time  to  the 
latter  date  within  which  to  perfect  his  duty: 


DOMINION   LANDS. 


189 


i  to 

ard, 

ap- 

e  in 

ESS 
o  or 
stead 
shall 
sn  to 
nister 
any 

TIES 
When 
an  the 
icquirc 
rder  a 
ach  of 

iprove- 

lat  the 

jach  of 

jcupied 
home- 
Sec, 
[hall  be 
[hich  to 
\sion  of 

[nd  cul- 

lin  that 

^ntry  by 
by  the 

FIRST 

obtains 

Id  whose 

day  0* 

to  the 


PROVISO:  IN  CASE  OF  IMMIGRANTS  FROM  PLACES 
OUT  OF  N.  AMERICA.  3.  Provided  further,  that  in  the 
case  of  emigrants  from  elsewhere  than  the  North  American 
continent,  the  Governor  in  Council  may  extend  the  time  for 
the  perfecting  of  entry  to  twelve  months  from  the  date  thereof. 
46  v.,  c.  17,  s.  31. 

CASE  OF  IMMIGRANTS  FORMING  A  HAMLET  OR 
VILLAGE.  Sec.  37.  It  a  number  of  homestead  settlers,  em- 
jracing  at  least  twenty  families,  with  a  view  to  greater  con- 
venience in  the  establishment  of  schools  and  churches,  and  to 
the  attainment  of  social  advantages  of  like  character,  ask  to  be 
allowed  to  settle  together  in  a  hamlet  or  village,  the  Minister 
may,  in  his  discretion,  vary  or  dispense  with  the  foregoing  re- 
quirements as  to  residence,  but  not  as  to  the  cultivation  of  each 
separate  quarter-section  entered  as  a  homestead.  46  V.,  c.  17, 
8.  32. 

WHEN  AND  ON  WHAT  CONDITIONS  A  SETTLER 
MAY  OBTAIN  HIS  PATENT.  Sec.  38.  At  the  expiration 
of  three  years  from  the  date  of  his  perfecting  the  homestead 
entry,  the  settler,  or  in  case  of  his  death,  his  legal  representa- 
tives, upon  proving,  to  the  satisfaction  of  the  local  agent,  or, 
in  his  absence,  the  senior  clerk  performing  his  duties,  that  he 
or  they,  or  some  of  them,  have  resided  upon  and  cultivated  the 
land  during  the  said  term  of  three  years,  shall  be  entitled  to  a 
patent  f9r  the  land,  if  such  proof  is  accepted  by  the  Commis- 
sioner of  Dominion  Lands,  or  the  Land  Board;  but  the  patent 
therefor  shall  not  issue  to  any  person  who  is  not  a  subject  of 
Her  Majesty  by  birth  or  naturalization. 

CASE  OF  SETTLER  OBTAINING  ENTRY  BEFORE 
SURVEY.  2.  In  the  case  of  a  settler  who  obtains  homestead 
entry  for  land  occupied  by  him  previous  to  survey  thereof, 
in  the  manner  hereinbefore  mentioned,  residence  upon  and 
cultivation  of  the  land  for  the  three  years  next  preceding  the 
application  for  patent  shall,  for  the  purpose  of  the  issue  of 
patent,  be  held  equivalent  to  that  prescribed  in  the  foregoing 
sub-clause,  if  such  residence  and  cultivation  are  otherwise  in 
conformity  with  the  provisions  of  this  Act: 

OR  RESIDING  TWELVE  MONTHS  AND  PERFORM- 
ING OTHER  DUTIES  BEFORE  THE  END  OF  THREE 
VEARS.    3.    Every  person  who  proves  that  he  has  resided  on 


190 


NORTHWEST  TERRITORY. 


i'.,\ 


the  land  for  which  he  has  homestead  entry  for  twelve  months 
from  the  date  of  his  perfecting  his  entry  therefor,  and  that  he 
has  brought  under  cultivation  at  least  thirty  acres  thereof,  may, 
before  the  expiration  of  the  three  years  defined  in  sub-clause 
one  of  this  clause,  obtain  a  patent  by  paying  the  Government 
price  at  the  time  for  the  land. 

PROOF  OF  RESIDENCE  AND  CUI-TIVATION  IN 
SUCH  CASE.  Amended  39  June,  1897.  Proof  of  residence, 
erection  of  a  habitable  house  and  cultivation,  required  by  this 
clause,  shall  be  made  by  the  claimant  by  affidavit,  and  shall 
be  corroborated  by  the  evidence  on  oath  of  two  disinterested 
witnesses,  resident  in  the  vicinity  of  the  land  to  which  their 
eviderce  relates,  and  shall  be  subject  to  acceptance  as  suffi- 
cient by  the  Commissioner  of  Dominion  Lands  or  the  Land 
Board;  and  such  affidavit  shall  be  sworn,  and  such  evidence 
given,  before  the  local  agent  or  his  senior  assistant  or  before 
some  other  person  named  for  that  purpose  by  the  Minister. 

RIGHT    OF    SETTLER    WHO    HAS    OBTAINED    PRE- 
EMPTION ENTRY  AND   PAYS  THE  PRICE.    FORFEIT- 
URE IN   DEFAULT.    PROVISO  AS  TO  SECOND  HOME- 
STEAD   ENTRY.    5.    If,    in    connection    with    the    homestead 
entry,  the  settler  has  obtained  a  pre-emption  entry,   in  accord- 
ance  with   the    provisions   of   this   Act,   he    shall,    on    becoming 
entitled   to   a   patent   for  his   homestead,   be  also   entitled  to  a 
patent  for  the  land  included  in  such  pre-emption  entry,,  on  pay- 
ment of  the   price   fixed,   in  accordance  with  the   provisions  of 
this  Act,   by   the   Governor   in   Council;   but   such   pre-emption 
right,  if  not  exercised  and  payment  made  within  two  years  after 
the  settler  becomes  entitled  to  claim  a  patent  under  his  home- 
stead entry,   shall  be  forfeited,  and   the  land  included  in  such 
rre-emption   entry  may   be  opened   for  homestead   entry  by  the 
Minister  of  the  Interior:    Provided,  however,  that  where  a  set- 
tler has  had  a  homestead  and  pre-emption  entry,  and  has  ob- 
tained a  patent  for  his    homestead   in  time  to  entitle    him  to 
make   a   second   homestead   entry,    and   has   been    permitted  to 
make  a  second  homestead  entry   for  the  quarter-section  which 
was  previously  his  pre-emption,  he  shall  be  entitled  to  a  patem 
under  such  second  homestead  entry  upon  proving — 

RESIDENCE,    (i.)    That  he  has  resided  upon  the  quarter- 
section  which  was  the  subject  of  his  first  homestead  entry  for 


not  j 
the  c 

B] 

the  d 
for  ci 
sectio; 

SE 

the  ds 
fifteen 
fifteen 
t'on,   n 

TH] 

date  of 

acres,  a 

in  addil 

second 

years  of 

RESI 

in  this  i 
has   not 
months 


XOTl 

person  w] 
'0  apply, 
notice  in 
'^•s  intentf 
dence  to 
t'"on.    that) 
■J3;— 47  v.f 

SECO] 
HIS  801 

^or  his    fii 
patent  coi 


"?," 


V   B.I 

have 
f>een  in  fc 

'^'  s.  5.) 


DOMINION   LANDS. 


igt 


not  less  than  six  months  in  each  of  three  years  from  and  after 
the  date  of  his  second  homestead  entry. 

BREAKING  LAND.  (2.)  That  within  the  first  year  after 
the  date  of  his  second  homestead  entry  he  broke  and  prepared 
for  crop  not  less  than  fifteen  acres  of  his  homestead  quarter- 
section. 

SECOND  YEAR.  (3.)  That  within  the  second  year  after 
the  date  of  his  second  homestead  entry  he  cropped  the  said 
fifteen  acres,  and  broke  and  prepared  for  crop  not  less  than* 
fifteen  acres  in  addition  on  his  second  homestead  quarter-sec- 
tion, making  not  less  than  thirty  acres. 

THIRD  YEAR.  (4.)  That  within  the  third  year  after  the 
date  of  his  second  homestead  entry  he  cropped  the  said  thirty 
acres,  and  broke  and  prepared  for  crop  not  less  than  ten  acres 
in  addition,  making  in  all  not  less  than  forty  acres  of  the  said 
second  homestead  broken  and  prepared  for  crop  within  three 
years  of  the  date  of  his  second  homestead  entry. 

RESIDENCE  EXPLAINED.  And  the  residence  described 
in  this  sub-clause  shall  be  sufficiently  fulfilled  if  the  applicant 
has  not  been  absent  froi;.  his  residence  for  more  than  six 
months  in  any  one  year.    55—56  V.,  c.  15,  s.  3. 

.6* 


NOTICE  OF  APPLICATION  FOR  PATENT.  8.  Every 
person  who  has  obtained  a  homestead  entry,  and  who  purposes- 
to  apply  cfor  a  patent  for  such  homestead,  shall  give  six  months^ 
notice  in  writing  to  the  Commissioner  of  Dominion  Lands  of 
his  intention  to  make  such  application,  and  shall  produce  evi- 
dence to  the  officer  who  is  authorized  to  receive  the  applica- 
tion, that  such  notice  has  been  duly  given.  46  V.,  c.  17,  s. 
33;— 47  v.,  c.  2S,  ss.  2  and  3;— 49  V.,  c.  27,  ss.  5  and  6. 

SECOND  HOMESTEAD  ENTRY  BY  SETTLER  OR 
HIS  SON.  29  June,  1897.  9.  If  a  settler  has  obtained  a  patent 
for  his  first  homestead,  or  a  certificate  for  the  issue  of  such> 
patent  countersigned  in  the  manner  prescribed  in  this  Act,  and 

•  N.  B. — The  provision;  of  these  two  sub-clauses,  "6"  and 
"7,"  have  been  left  out  of  this  consolidation  as  they  have  not 
been  in  force    since  the   ist    January,    1894.      (See  54-55  V.,  c^ 

24.    S.    5.)        , 


■■PPMPI 


C»2 


NORTHWEST  TERRITORY. 


has  obtained  entry  for  a  second  homestead,  or  if  any  son  of 
such  settler,  who  has  attained  the  age  of  eighteen  years,  has 
obtained  entry  for  a  homestead,  the  requirements  of  this  Act 
as  to  residence  prior  to  obtaining  patent  may  be  satisfied,  in 
the  case  of  the  parent,  by  residence  upon  his  first  homestead, 
and,  in  the  case  of  a  son,  by  residence  upon  the  parent's 
homestead. 

CONDITIONS  ON  WHICH  PATENT  MAY  BE  OB- 
TAIN  ED.  2g  June,  1897.  10.  Notwithstanding  anything  con- 
tained in  this  Act,  any  person  claiming  a  patent  for  land  for 
which  he  has  made  entry  as  a  homestead,  or  as  a  pre*emption, 
shall  be  entitled  to  obtain  such  patent  upon  proving  to  the 
satisfaction  of  the  Minister  or  of  the  Commissioner  of  Domin- 
ion Lands  or  of  the  Dominion  Lands  Board — 

RESIDENCE,  (a.)  That  he  has  fulfilled  three  years'  resi- 
dence upon  the  land  which  is  the  subject  of  his  entry,  if  the 
land  is  a  homestead,  and  upon  his  homestead  if  the  land  is 
pre-emption,  in  accordance  with  the  provisions  as  to  three 
years'  residence  upon  a  homestead  which  are  explained  in  this 
Act. 

CULTIVATION,  (b.)  That  in  each  of  such  years  he  has 
cultivated  not  less  than  one  acre  of  such  land,  and  that  at  the 
date  of  his  application  the  whole  area  so  cultivated  has  been 
substantially  fenced. 

CATTLE,  (c.)  That  he  has  at  least  forty  head  of  cattle 
upon  such  land. 

BUILDINGS,  (d.)  That  he  has  erected  on  such  land,  or 
upon  land  occupied  by  him  in  the  vicinity,  stables  and  out- 
houses sufficient  to  winter  at  least  forty  he&d  of  cattle. 

FORFEITURE  OF  RIGHT:— BY  NON-RESIDENCE. 
Sec.  39.    If  it  is  proved  to  the  satisfaction  of  the  Minister,— 

(a.)  That  the  settler  has  not  resided  upon  and  cultivated 
his  homestead,  except  as  herein  provided,  for  at  least  six 
months  in  any  one  year;  or — 

BY  NON-COMPLIANCE  WITH  THE  CONDITIONS 
OF  SUB-CLAUSE  FIVE  OF  CLAUSE  THIRTY-EIGHT. 
(b.)  In  case  he  has  obtained  his  entry  under  and  in  accord* 
ance  with  sub-clause  five  of  the  next  preceding  clause,  that  be 
has  failed  to  erect  a  habitable  house  and  to  commence  actual 


DOMINION  LANDS. 


193 


a  oi 

has 

Act 
1,  in 
itead. 
ent's 

OB- 

con- 
id  for 
iption, 
to  the 
Jomin- 

»'  rcsi- 
,  if  the 
land  is 
o  three 
in  this 

he  has 
t  at  the 
AS  been 

of   cattle 

land,  or 
and  out- 

DENCE. 

linister,- 
:ultivated 
least  six 

)ITI0NS 
-EIGHT. 
m  accord- 
that  be 
ICC  actual 


residence  in  the  same  and  cultivation  of  the  land  within  six 
months  of  the  date  of  si)ich  entry,  and  to  continue  and  main* 
tain  such  residence  and  cultivation  as  required  by  the  said  sub- 
clause, or  that  he  has  failed  to  make  permanent  improvements 
nn  the  land  to  the  aggregate  value  of  one  dollar  and  fifty  cents 
per  acre  within  three  years  from  the  time  allowed  for  the  per- 
fecting his  entry. 

(c.)  • 

(d.)  • 

EFFFXT  OF  FORFEITURE.  The  right  to  the  land  shall 
he  forfeked,  and  the  entry  thereof  shall  be  canceled;  and  the 
cettler  so  forfeiting  his  entry  shall  not  be  eligible  to  obtain 
another  entry,  except  in  special  cases,  in  the  discretion  of  the 
Minister.    54-55  V.,  c.  24,  s.  7. 

FORFEITURE  OF  RIGHT  TO  PATENT.  Sec.  39a. 
Failure  on  the  part  of  any  person  who  has  obtained  a  home- 
stead entry  under  the  "Dominion  Lands  Act,"  to  apply,  as 
hereinbefore  provided,  for  the  patent  for  his  homestead  within 
a  period  of  five  years  from  the  date  of  his  homestead  entry. 
shall  render  his  riRht  liable  to  forfeiture,  in  the  discretion  of 
the  Minister  of  the  Interior.    54-55  V.,  c.  24*  s.  7. 

IN  CASE  OF  SICKNESS  TIME  MAY  BE  EXTENDED. 
Sec.  40.  In  case  of  illness,  vouched  for  by  sufficient  evidence, 
or  in  the  cases  of  immigrant  settlers  returning  to  their  native 
hnd  to  bring  their  families  to  their  homesteads,  or  in  other 
special  cases,  the  Minister  may,  in  his  discretion,  grant  an  ex- 
tension of  time  during  which  such  settler  may  be  absent  from 
his  homestead,  without  prejudice  to  his  right  therein;  but  the 
time  so  granted  shall  not  be  reckoned  as  residence.  46  V.,  c. 
I/,  s.  34,  part. 

SALE  OF  HOMESTEAD  OF  WHICH  ENTRY  IS  CAN- 
CELED.  Sec.  41.  Every  homestead,  the  entry  of  which  has 
Heen  canceled,  may,  in  the  discretion  of  the  Minister,  be  held 
for  sale  of  the  land   with   the  improvements,   if  any— or  of  the 


*N.  B.— The  provisions  of  these  two  clauses  "(c.)"  and  "(d.)" 
have  been  left  out  of  this  consolidation  as  the  provisions  to 
whicli  they  refer,  sub-clauses  "6"  and  "7"  of  clause  38,  have  not 
heen  in  force    since   1st  January,   1894.     (See  54-55  Vic,  c.  24, 

s-  S.) 

13 


SM 


NORTHWEST  TERRITORY. 


!  i| 


'  ■!! 


<■  li 


improvements  only,  in  connection  with  homestead  entry  thereof 
—to  a  person  other  than  the  person  whose  entry  is  canceled. 
46  v.,  c  17,  t.  35- 

ASSIGNMENTS  BEFORE  ISSUE  OF  PATENT  BY  LO- 
CAL  AGENT.  June  39,  1897.  Sec.  4a.  Unless  the  Minister 
otherwise  declares,  every  assignment  or  transfer  of  homestead  or 
pre-emption  right,  or  any  part  thereof,  and  every  agreement  to 
assign  or  transfer  any  homestead  or  pre-emption  right,  or  any 
part  thereof,  after  patent  obtained,  made  or  entered  mto  before 
the  issue  of  the  patent,  shall  be  null  and  void;  and  uilless  the 
Minister  otherwise  declares,  the  person  so  assigning  or  trans- 
ferring,  or  making  an  agreement  to  assign  or  transfer,  shall  for- 
feit his  homestead  and  pre-emption  right,  and  shall  not  be  per- 
mitted to  make  another  homestead  entry;  provided  that  a  per- 
son whose  homestead  or  homestead  and  pre-emption  have  been 
recommended  for  patent  by  the  local  Agent,  and  who  has  re- 
ceived from  such  agent  a  ccrtihcate  to  that  eftect,  in  the  turm 
K  in  the  schedule  to  this  Act,  countersigned  by  the  Commis- 
sioner of  Dominion  Lands,  or,  in  his  absence  by  a  member  of 
the  Dominion  Lands  Board,  may  legally  dispose  of  and  convey 
assign  or  transfer  his  right  and  title  therein;  and  such  person 
shall  be  considered  to  have  received  his  certificate  upon  the 
date  upon  which  it  was  so  countersigned. 

ASSIGNMENT  OF  PRE-EMPTION  RIGHTS.  Sec.  42a. 
After  a  homestead  has  been  recommended  for  patent,  the  holder 
of  the  pre-emption  right  may  legally  dispose  of,  convey,  assign 
or  transfer  his  right  and  title  in  the  land  for  which  he  holds  the 
pre-emption  entry;  and  this  provision  shall  also  apply  retro- 
specdvely,  but  shall  have  no  force  or  e£tect  as  respects  any 
land  in  relation  to  which  the  subject  matter  of  this  clause  has 
already  been  adjudicated  upon  or  is  in  question  in  any  court 
of  competent  jurisdiction.    54-55  V.,  c.  24,  a.  13. 

ASSIGNMENTS  AND  TRANSFERS,  MADE  BEFORE 
PATENT  HAS  ISSUED,  NOT  NULL.  BUT  MAY  BE  DE- 
GLARED  SO.  PROVISO.  Sec.  42b.  As  respects  every 
assignment  or  transfer  of  a  homestead  or  pre-emption  right 
held  or  acquired  under  the  said  Act,  or  any  prior  Acts  re- 
lating to  Dominion  Lands,  in  whole  or  in  part,  and  every 
agreement  to  make  any  such  assignment  or  transfer,  made  or 
>cntered  into  before  the  issue  of  patent  and  previous  to  the  date 


tJon  anl 


DOMINION  LANDS. 


195' 


of 

d. 

,o- 

,ter 

Off 

:  to 
any 
{ore 
the 
rans* 
L  ior- 
;  per- 

i  v>e^' 
been 

as  re- 

5  lorm 

>mtnis- 

iber  oi 

convey 

person 

on  the 

ec.  43<»- 
holder 

assign 

[olds  the 

ly   retro- 
jcts  any 
lusc  has 
ly  court 

Lefors 

[be  DE' 

Lt»   every 

[on  r\g^^ 
Acts  re- 
ad   every 
made  ox 
tbe  date 


of  the  passing  of  this  Act,  no  such  assignment  or  transfer  or 
aRreement  shall  be  ipso  facto  null  and  void,  nor  shall  any  for- 
feiture accrue  in  respect  thereof;  but  the  Minister  of  the  In- 
terior  may  declare  any  such  assignment  or  transfer  or  agree- 
ment  to  be  null  and  void,  and  such  forfeiture  to  have  accrued, 
or  either,  and  such  declaration  shall  have  force  and  efifect  as  if 
herein  enacted:  Provided  that  no  such  declaration  shall  have 
force  and  effect  in  any  case  in  which  a  patent  for  any  homestead 
or  pre-emption  land  has  issued  previous  to  the  date  of  such 
declaration,  unless  the  patent  has  issued  through  fraud,  error 
or  improvidence. 

SAVING  CLAUSE.  2.  Nothing  in  the  next  preceding  sub- 
clause contained  shall  in  any  manner  have  force  or  effect  as 
respects  any  lands  in  relation  to  which  the  subject-matter  of 
the  said  sub-clause  has  already  been  adjudicated  upon,  or  is  in 
question  in  any  court  of  competent  jurisdiction.  58-59  V\,  c.  34,. 
s.  5. 

NO  SECOND  HOMESTEAD  ENTRY.  EXCEPTION. 
CHAP.  17  OF  1883.  Sec  43.  No  person  who  has  obtained  a. 
homestead  patent  or  certificate  countersigned  by  the  Commis- 
sioner of  Dominion  Lands,  or  a  member  of  the  Dominion  Lands 
Board,  as  in  the  next  preceding  cause*  mentioned,  shall  be 
entitled  to  obtain  another  homestead  entry:  Provided,  however, 
that  any  person  who,  on  the  2nd  day  of  June,  in  the  year  one 
thousand  eight  hundred  and  eighty-nme,  had  obtained  a  home- 
stead patent,  or  a  certificate  of  recommendation  tor  a  patent 
countersigned  by  the  Commissioner  of  Dominion  Lands,  or  a 
member  of  the  Dominion  Lands  Board,  or  who  had  complied, 
with  the  homestead  provisions  oi  the  Acts  then  in  force  relat- 
ing to  Dominion  lands  entitling  him  to  such  certificate,  or  any 
person  who  has  been  permitted  under  the  terms  of  section  thiny- 
eight  of  the  Dominion  Lands  Act,  1883,  to  create  a  charge  upoa 
his  homestead,  and  had  completed  his  homestead  duties  on  the 
said  second  day  of  June,  one  thousand  eight  hundred  and  eighty- 
nine,  shall  be  permitted  to  make  a  second  homestead  entry. 
SS-s6  v.,  c.  15,  s.  4. 
*    MINISTER  TO  SANCTION  PLANS  FOR  ADVANCING 


•N.B.— The  clause  herein  referred  to  is  42  of  this  consolida- 
tion and  not  426. 


Ill 

( 

1 1 


<96 


NORTHWEST  TERRITORY. 


MONEY  TO  SECTION.  Sec.  44.  If  any  person  or  com.  a.iyii 
desirous  of  assisting,  by  advances  in  money,  intending  settlers 
to  place  themselves  on  homestead  lands  in  Manitoba  or  the 
Northwest  Territories,  and  of  securing  such  advances,  such 
person  or  company  may  make  application  to  the  Minister,  stat* 
ing  the  plan  or  project  intended  to  be  acted  upon,  the  steps  to 
be  taken  in  furtherance  thereof,  and  the  amount  to  be  advanced 
to  such  settlers;  and  the  Minister  may  sanction  and  authorize 
such  plan  or  project,  or  refuse  his  sanction  and  authority 
thereto:  (49  V.,  c.  37,  s.  9,  ss.  i.) 

STATEMENT  OF  EXPENSES  TO  BE  FURNISHED  TO 
SETTLER.  —  VERIFICATION  OF  STATEMENT.—  SET- 
TLER TO  MAKE  ACKNOWLEDGMENT.  —  CHARGE 
CREATED.  PROVISO:  ACKNOWLEDGMENT  MAY  BE 
TAKEN  AT  ONCE.— CHARGE  CREATED  IN  SUCH  CASE. 
2.  If  such  plan  or  project  is  so  sanctioned  and  such  person  or 
company  thereupon  places  any  settler  upon  a  homestead,  a 
statement'  of  the  expenses  incurred  by  such  person  or  company 
in  paying  the  actual  bona  fide  cost  of  the  passage  and  freight  of 
paying  for  the  homestead  entry,  or  homestead  and  pre-emption 
«ntry,  as  the  case  may  be.  of  providing  medical  attendance  and 
for  the  subsistence  of  such  settler  and  his  family,  of  providing 
materials  for  buildings  and  of  erecting  buildings  on  his  home- 
stead and  of  insuring  the  said  buildings  ^o  which  purposes 
one-half  of  the  advance  may  be  devoted),  of  breaking  land  on 
such  homestead,  and  of  providing  horses,  cattle,  house  furni- 
ture, farm  implements  and  seed  grain  for  him,  in  which  state- 
ment a  sum  not  exceeding  ten  dollars  for  the  c*st  of  se- 
lecting the  homestead,  placing  the  settler  thereon  and  legal  ex- 
penses, and  also  an  amount  in  money  to  cover  interest  on  the 
amount  advanced  for  a  time  to  be  agreed  upon  to  enable  such 
settler  to  obtain  a  return  from  the  cultivation  of  such  home- 
stead, may  be  included,  shall  be  furnished  to  such  settler,  and 
shall  also  be  submitted  with  proper  vouchers  in  support  thereof 
to  the  local  agent,  a  homestead  inspector  or  other  agent  ap- 
pointed by  the  Minister  of  the  Interior,  and  the  local  agent, 
inspector,  or  other  agent  so  appointed  shall  examine  and 
verify  the  same  both  by  such  vouchers  and  by  an  examination 
tinder  oath  of  such  settler  and  of  such  person  or  company 
or  their  representative,  and  shall  certify  the  result  of  such  veri- 
ncation  by  a  writing  upon  such  statement  signed  by  him;  and 


M 


DOMINION   LANDS. 


thereupon  such  settler  shall  make  and  execute  an  •cknowlcdg- 
ment  in  writing  of  the  amount  so  advanced  to  him,  and  shalU 
by  such  writing,  create  a  charge  in  the  form  L  in  the  schedule 
to  this  Act  upon  such  homestead  for  the  amount  of  such  ad- 
vance not  exceeding  the  sum  of  six  hundred  dollars,  and  for 
the  interest  thereon  at  a  rate  not  exceeding  eight  per  cent  per 
annum:  Provided  always,  that  it  shall  be  competent  for  the 
person  or  company  proposing  to  make  such  advance  to  take 
at  once  from  an  intending  settler  an  acknowledgment  in  the 
form  K  in  the  schedule  to  this  Act,  and  that  such  acknowledg- 
ment shall  operate  as  a  charge  upon  the  homestead  for  which 
such  settler  obtains  entry,  to  the  extent  that  is  certified 
by  the  local  agent,  homestead  inspector  or  other  agent  ap- 
pointed by  the  Minister  of  the  Interior,  for  any  sum  not  exceed- 
ing six  hundred  dollars,  and  for  the  interest  thereon  at  a  rate 
not  exceeding  eight  per  cent  per  annum,  upon  presentation  to 
him  of  vouchers  or  other  satisfactory  evidence  that  the  advance 
for  which  a  charge  is  proposed  to  be  created  has  actually  been 
made  to  the  settler  and  that  the  settler  has  been  actually  placed 
on  such  homestead.    52  V.,  c.  27,  s.  5;  and  54-55  V.,  c.  24,  s.  8. 

DEPOSIT  OF  DUPLICATE.  -  HOLDER'S  RIGHTS.— 
PAYMENT  OF  INTEREST.-PAYMENT  OF  CAPITAL.— 
ASSIGNMENT  OF  CHARGE.-LIMIT  OF  ADDITIONAL 
CHARGES.  3.  A  duplicate  of  such  acknowledgment  and 
charge  shall  be  deposited  with  the  local  agent,  and  thereafter 
the  holder  of  such  charge  shall  have  the  right  to  enforce  jfay- 
ment  of  the  apiount  so  advanced  and  of  the  interest  thereon  by 
ordinary  legal  proceedings:  Provided  always,  that  the  time  to 
be  fixed  for  the  payment  of  the  first  instalment  of  interest  upon 
such  advance  shall  not  be  earlier  than  the  first  ^&y  of  No^em- . 
ber  in  any  year,  nor  shall  it  be  within  less  than  two  years  from 
the  establishment  of  such  settler  upon  such  homestead;  pro- 
vided also,  that  such  settler  shall  not  be  bound  to  pay  the  cap- 
ital of  such  advance,  or  any  part  thereof,  within  a  less  period 
than  four  years  from  the  date  of  his  establishment  upon  such 
homestead;  and  provided  also,  that  the  holder  of  such  charge 
may,  subject  to  the  approval  of  the  Minister  of  the  Interior, 
assign  the  same,  and  shall  be  deemed  always  to  have  had  such 
power,  subject  to  the  approval  of  the  Minister  of  the  Interior; 
and  provided  further,  that  additional  charges  may,  from  time  to 
time,  be  created  on  such  homestead  in  the  manner  bereinabove 


198 


NORTHWEST  TERRITORY. 


provided,  fo  long  as  the  aggregate  amount  of  the  capital  of  the 
advances  so  charged  thereon  does  not,  at  any  time,  exceed  the 
said  sum  of  six  hundred  dollars.    S4-SS  V.,  e.  94,  s.  9* 

REGISTRATION.  4.  Upon  such  acknowledgment  and 
charge  being  duly  executed  and  duly  registered  in  the  registry 
office  for  the  registration  district  in  which  such  homestead  is 
situated,  the  same  shall  constitute  and  be  and  remain  a  first 
charge  upon  such  homestead  after  the  issue  of  the  patent  or 
certificate  of  patent  for  such  homestead,  until  duly  satisfied 
and  extinguished  according  to  law: 

PROVISION  IN  CASE  THE  SETTLER  FORFEITS  HIS 
RIGHT  TO  A  PATENT.— RIGHT  MAY  PASS  TO  HOLDER 
OF  CHARGE.— DUTIES  OF  HOLDER  IN  SUCH  CASE.— 
PROVISION  WHEN  RIGHT  TO  PATENT  HAS  BEEN  AC- 
QUIRED.   5.    If   such    settler    has   not   performed    the    condi- 
tions of  settlement  required  to  entitle  him  to  a  patent  for  such 
homestead  within  the  time  and  in  the  manner  provided  by  this 
Act.  and  has  thereby  forfeited  his  right  to  obtain  a  patent,  the 
holder  of  the  charge  created  thereon  may  apply  to  the  Minister 
for  a  patent  of  such  homestead,  and  upon  establishing  the  facts 
to  the  satisfaction  of  the  Minister,  shall  receive  a  patent  in  his 
name  therefor;    and    such    patentee  shall  be  bound  to  place  a 
bona  fide  settler  on  such  homestead  by  the  sale  thereof  to  such 
settler  or  otherwise   within  two   years   from   the  date   of   such 
patent,  and  in  default  of  so  doing  within  the  said  period  shall 
be  bound  and  obliged  on  demand  to  sell  the  said  homestead  to 
any  person  willing  to  become  a  bona  fide  setter  thereon,  for 
such  sum  o'  money  as  is  sufficient  to  pay  the  amount  of  such 
charge  and  interest,  and  the  expenses  incurred  by  the  patentee 
in  obtaining  such  patent  and   in  retaining  the  homestead,   on 
pain,   in  case  of  refusal,  of  an  absolute  forfeiture  of  the   said 
property  and  of  all  claims  thereon  and  of  the  patent  or  other 
title  thereto.    But  if  the  settler  has  acquired  a  right  to  receive 
a  patent  for  the  land  so  charged  and  does  not  apply  for  the 
issue  of  the  same,  the  holder  of  such  charge  may  obtain  such 
patent,  or  certificate  for  patent,  in  the  name  of  the  person  en- 
titled to  receive  the  same  or  of  his  legal  representatives,  and 
thereafter  the   said  charge  shall  become  a  statutory  mortgage 
en  such  homestead.    49  V.,  c.  27,  s.  9,  part. 

CERTAIN    ACKNOWLEDGMENTS    OF    MONEY    AD- 


DOMINION  LANDS. 


199 


VANCED  TO  SETTLERS  RATIFIED.  —  PROVISO:  AS 
TO  NATURE  OF  CHARGE  THEREBY  CREATED.  Sec.  440. 
Every  acknowledgment  entered  into  which  purports  to  be  so 
entered  into  in  accordance  with  the  provisions  of  clause  forty* 
four  of  "The  Dominion  Lands  Act,"  and  which  has  been  ex< 
amined,  verified  and  certified  by  a  local  agent  or  a  homestead 
inspector,  previous  to  the  date  of  the  passing  of  this  Act,  is 
hereby  ratified  and  confirmed,  notwithstanding  any  departure 
from  the  conditions  of  the  said  clause  forty«foui%  and  shall 
have  force  and  effect  as  if  no  such  departure  had  taken  place: 
Provided,  however,  that  no  such  acknowledgment  shall  be 
deemed  to  create  a  charge  in  respect  of  any  moneys  advanced 
or  paid  for  any  purposes  other  than  those  for  which  an  Advance 
is  authorized  by  the  said  clause  forty-four,  except  the  c:  (  of 
materials  for  buildings,  house  furniture,  breaking  l:.nd  on 
homestead,  the  entry  fee  for  the  homestead,  and  lega^  expenses 
not  exceeding  ten  dollars. 

\  ALIDATION  OF  ACKNOWLEDGMENTS  EXAMINED 
BY  HOMESTEAD  INSPECTORS,  a.  Every  acknowledg- 
ment entered  into  in  pursuance  of  the  said  clause  forty-four, 
and  which  has  been  submitted,  with  the  proper  vouchers  in 
support  thereof,  to  a  homestead  inspector,  instead  of  to  a  local 
agent,  as  provided  by  the  said  clause,  and  which  has  been  ex- 
amined, verified  and  certified  by  such  inspector,  and  subse- 
quently registered  at  the  office  of  any  local  agent,  or  in  the 
books  of  the  Minister  of  the  Interior,  shall  be  valid  and  bind- 
ing in  like  manner  as  if  the  same  had  been  examined,  verified 
and  certified  by  a  local  agent,  as  provided  by  the  said  clause. 
52  v.,  c.  27,  s.  4. 

BOARD  VESTED  WITH  CERTAIN  POWERS.  Sec.  446. 
The  board  constituted  in  the  manner  and  for  the  purposes  set 
forth  in  the  preamble  to  this  Act  shall  be  vested  with  all  the 
powers  conferred  upon  persons  or  companies  by  section  forty- 
four  of  chapter  fifty-four  of  the  Revised  Statutes  of  Canada, 
as  amended  by  the  Act  passed  in  the  session  held  in  the  fiftieth 
and  fifty-first  years  of  Her  Majesty's  reign  and  chaptered 
thirty-one,  and  such  board  and  any  persons  who  accept  the 
assistance  of  the  said  board  for  the  purpose  of  placing  them- 
selves on  homestead  lands  shall  be  subject  to  all  the  provi- 
sions of  the  said  before  cited   section  as   so  amended.    51   V.» 

C.    2\,    S.     I. 


Ml 


300 


NORTHWEST  TERRITORY. 

.    .       « K 


^N.   B.-The  loregoin.  ^^^i  5-  Victoria,  ohap.  «; 

this  consolidation  «  ■"*;^„ble  to  that  Act:- 

and  the  follo«mg  .s  a  pre  .dmINISTRATION     OF 

PREAMBLE.-BOARD      ^^.^.f  ffund  >' ;» J-Tc^' 
COLONIZATION    FUND^W^  ^^  ^^  '^rTHiJln'     and 

"""'  "'"j  "c.«  sU  "tters  <-»*;„:/  ^proposed  to 
onization  of  crotu  ^_^^^^.   ^^^  «hereas  ^^_^  j^^. 

islands  of  Scotland  >n  ^^mistration  »'. '"'"  '  v^cribers  to 
establish  a  """f'"' representing  .he  P'-'^'l't-operate  in 
i„g   of   comm.ss.oners   rep  ^^.^^  ""^u° efore    tUr 

the  said  fund  »"J  to  the    said    --^"^'^JTt  Senate 

»""  "'"  i"  aid  "u?  the  adv'«  -VcTa"  .1--) 
rnrSouse^r  Con.n.ons  of  Canada,  enac  ^^^    _^^^^^ 

APPLICATION   OF    CLALSJ  ^4.__^^^-^  ^ands    Act  ;•    »» 

-»Vi  er.  rX-stnd  Victoria   -^-  rrP-n 

-rrtatV-'  '""n:E"'TO     ECol^  HOMESTEA. 
TRANSFER  OF  "lA^^JO^SE^  ^  h  . 

^-   -^d^  ^n'adUe^nder  *' .^^I^X  tn^e'suad  ■« 
homestead  for  "»  ,f  obtain  entry  '".'""'"^  ,he  holder  of 

„inio«  Lands  A«.     »»^.„  „.  .he  I««- /tcutes  a  .ran. 
lieu  thereof,  'f  tne  ^^^  ^^^h  settler  ^^^^  j.„. 

.neh  charge  consfther^  ^^^  """"'"td   "p«»«  "  ' 
-  tei^g^'^J-  :-^e::ean^^^^^^ 
ra«rUll"Sp.l^  :nd   Shan   cease  to   be  ^ 

abandoned  homestead.  provisions   of  this 

^rr^v    OF   CLAUSE.    2.    inc  p  ,     obtained 

APPLICATION    Otci^      ^^^^^^  ^^^^  V,as  ^^'^^^^         «pou 
clause  may  be  ^PP^^^^'^J^'i^    Ue«  of   the    ^omesUad      P  ^ 
TVhl  U^-t^ra^a^e  fo.  such  advance.    .SS 
v^hichhehad  ^^^^ 

*":;;tain^  bnact-nts jo  ^afflv  ^^^^^^  ,^ 

CHARGES.    Sec.  4S.    Claus 


DOMINION  LANDS. 


201 


terest,"   shall  apply  to  all  charges  created  under  the   next   pre- 
ceding clause  (*)  of  this  Act.    49  V'.>  c.  2T,  s.  9,  part. 


DISCONTINUANCE    OF    PRE-EMPTIONS. 

PRE-EMPTION  TO  BE  DISCONTINUED  AFTER  1ST 
JANUARY,  1890.  Sec.  46.  The  privilege  of  pre-emption,  in 
connection  with  a  homestead  entry,  shall  be  discontinued  from 
and  after  the  first  day  of  January,  in  the  year  one  thousand 
fiKht  hundred  and  ninety.    49  V.,  c.  27,  s.  10. 


fol  such 
,on   the 

of  t^is 
lobtained 

^d    «P°*^ 
v.,  c. 

sucfl 

sting  Ifl- 


MINING  AND   MINING  LANDS. 

MINERAL  AND  COAL  LANDS.  Sec.  47-  Lands  con- 
taining  coals  or  other  minerals,  including  lands  in  the  Rocky 
Mountains  Park,  shall  not  be  subject  to  the  provisions  of  this 
Act  respecting  sale  or  homestead  entry,  but  the  Governor-Gen- 
eral in  Council  may,  from  time  to  time,  make  regulations  for 
the  working  and  development  of  mines  on  such  lands,  and  for 
the  sale,  leasing,  licensing,  or  other  disposal  thereof:  Pro* 
vided,  however,  that  no  disposition  of  mines  or  mining  inter- 
ests  in  the  said  park  shall  be  for  a  longer  period  than  twenty 
years,  renewable,  in  the  discretion  of  the  Governor  in  Council^ 
from  time  to  time,  for  further  periods  of  twenty  years  each,  and 
not  exceeding  in  all  sixty  years.    55-56  V.,  c.   15,  s.   5. 

GOLD  OR  SILVER  MINES  NOT  TO  PASS  BY  GRANT 
OF  LAND  CONTAINING  THEM.  Sec.  48.  No  grant  from 
the  Crown  of  lands  in  freehold  or  for  any  less  estate  shall  be 
deemed  to  have  conveyed  or  to  convey  the  gold  or  silver 
mines  therein,  unless  the  same  are  expressly  conveyed  in  such 
grant.    46  V.,  c.   17,  s.  43. 

RIGHTS  OF  DISCOVERERS  OF  MINER/.1.S.  Sec.  49. 
Every  discoverer  of  minerals  upon  surveyed  or  unsurveyed 
lands,  or  his  assigns  rnd  associates,  who  had  applied  for  a 
grant  of  such  lands  before  the  passing  of  the  Act  passed  in 
the  forty-third  year  of  Her  Majesty's  reign,  chaoter  twenty- 
six,  shall  be  held  to  have  the  same  rights  as  if  i^zX  Act  had 
not  been  passed.    46  V.,  c.   t7>  s.  44. 


*  N.  B.— The  clause  herein  referred  to  is  44  of  this  Act. 


£02 


NORTHWEST  TERRITORY. 


PREVENTION  OF  POLLUTION  OF  WATER.  '  Sec.  49a. 
Whenever  lands  are  entered  for  either  as  a  homestead  or 
pre-emption,  or  sold  or  otherwise  disposed  of,  and  such  lands 
contain  or  border  upon  a  coulee  or  ravine,  which  has  been 
xitilized  for  the  purpose  of  forming  a  reservoir  for  the  storage 
of  water,  or  which,  in  the  opinion  of  the  Minister,  or  of  the 
Affent  or  other  officer  by  whom  such  entry  is  issued  or  such 
«ale  or  disposal  is  made,  is  capable  of  being  so  utilized  to  ad* 
vantage,  such  entry  may  be  issued  or  such  sale  or  disposal 
made  subject  to  the  condition  that  no  building  shall  be  erected 
within  a  specified  distance  from  the  border  of  such  coulee  or 
ravine,  and  to  such  other  conditions  as,  under  the  circum- 
stances of  the  case,  seem  desirable  with  a  view  to  the  preven- 
tion of  the  pollution  of  the  water  stored  in  such  reservoir;  and 
in  every  such  case  any  patent  issued  for  such  land  shall  be 
expressed  to  be  subject  to  the  conditions  so  imposed.  54-55  V., 
<c.  24,  s.  14. 

LEASE  OF  GRAZING  LANDS.  June  29,  1897.  Sec.  50. 
When  so  authorized  by  the  Governor  in  Council,  leases  of  un- 
occupied Dominion  lands  may  be  granted  by  the  Minister  for 
grazing  purposes  to  any  person,  for  such  term  of  years,  for 
such  rent  and  upon  such  other  terms  and  conditions,  as  in 
that  behalf  are  set  forth  in  regulations  authorized  from  time 
to  time  by  the  Governor  in  Council. 


HAY  LANDS. 


LEASE  OF  HAY  LANDS.-PROVISO.— IN  CASE  OF 
SALE  OR  SETTLEMENT.  Sec.  51.  A  settler  in  the  vicin- 
ity of  unoccupied  hay  lands  may  obtain  a  lease  for  an  area 
thereof  not  exceeding  a  quarter-quarter-section,  or  forty  acres, 
for  such  term  and  at  such  rent  as  the  Minister  deems  expedi- 
ent; but  such  lease  shall  not  operate  to  prevent,  at  any  time 
during  its  term,  the  sale  or  settlement  of  the  land;  and  in 
case  of  such  sale  or  settlement,  the  lessee  shall  be  paid,  by  the 
purchaser  or  settler,  for  fencing  or  other  improvements  made, 
such  sum  as  the  local  agent  determines;  and  the  lessee  shill 
be  allowed  to  remove  any  hay  he  has  cut.    46  V.,  c.  J7,  s.  41. 


DOMINION  LANDS. 


m$ 


s. 
ot 
ds 
en 

ige 
the 
ich 
ad- 
osal 
cted 
B  or 
:um- 
».ven- 
,  and 
U  be 
>5  v., 


!C.     50- 

of  un- 
ter  for 


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for 

as   in 
time 


y 


BE   OF 
vicin* 

an  area 

r  acres, 
expedi- 

iny  time 
and  io 

^,  by  tbe 

[ts  tr-ade. 

Iscc  shall 

S.  41- 


PATENTS. 
DEPUTY  GOVERNOR  FOR  SIGNING  PARENTS.  Sec. 
52.  A  Deputy  Governor  may  be  appointed  by  the  Governor 
General,  who  shall  have  the  power,  in  the  absence  of  or  under 
instructions  of  the  Governor-General,  to  sign  letters  patent  of 
Dominion  lands;  and  the  signature  of  such  Deputy  Governor 
ta  such  patents  shall  have  the  same  force  and  virtue  as  if  such 
patents  were  signed  by  the  Governor*Gcneral.  46  V.,  c.  17,  s. 
70,  part. 

PATENTS  AND  LEASES,  &c.,  TO  BE  PREPARED  IN 
DEPARTMENT  OF  INTERIOR.— TO  BE  SIGNED  BY 
G0\ERNOR-GENERAL  OR  DEPUTY.  Sec.  53-  Every 
patent  for  land  shall  be  prepared  in  the  Department  of  the 
Interior,  and  shall  be  signed  by  the  Minister  or  the  Deputy 
of  the  Minister  of  the  Interior,  or  by  some  other  person  there- 
unto  specially  authorized  by  the  Governor  in  Council,  and 
when  so  signed  shall  be  registered  by  an  officer  specially  ap- 
pointed for  that  purpose  by  the  Registrar-Geners.1,  and  then 
transmitted  to  the  Secretary  of  State  of  Canada,  by  whom, 
or  by  the  Under  Secretary  of  State,  the  same  shall  be  coun- 
tersigned,  and  the  Great  Seal  of  Canada  thereto  caused  to  be 
aiiixed:  Provided,  that  every  patent  for  land  shall  be  signed 
by  the  Govfernor-General  or  Deputy  Governor,  as  hereinbefore 
provided.    46  V.,  c.   17,  s.  70,  part.  ^ 

REMEDY  IN  CASE  OF  DEFICIENCY  OF  QUANTITY 
MENTIONED  IN  PATENT.-LIMITATION  OF  TIME 
FOR  CLAIM.  Sec.  54.  Whenever,  through  error  in  survey 
or  in  the  books  or  plans  of  a  Dominion  lands  office,  any  grant 
of  land  is  found  deficient,  the  Minister  may  order  a  free  grant, 
equal  in  value,  at  the  time  such  land  was  granted  or  sold,  to 
the  ascertained  deficiency,  or  he  may  order  the  purchase  money 
of  so  much  land  as  is  deficient,  with  interest  thereon  at  the 
rate  of  six  per  centum  per  annum,  from  the  time  of  the  pur- 
chase thereof,  to  be  paid  back  to  the  purchaser;  but  no  claim 
respecting  any  such  deficiency  shall  be  entertained  unless  it  is 
made  within  five  years  iro:i\  tVi*"  date  of  the  patent,  and  unless 
the  deficiency  is  equal  to  one-tenth  of  the  whole  quantity  de- 
scribed in  the  patent  as  being  contained  in  the  lot  or  parcel  of 
land  granted.    46  V.,  c.  17,  s.  71. 

PATENT   ISSUED    IN    ERROR    MAY    BE   CANCELED. 


i 

m 

ml: 

m 

204 


NORTHWEST  TERRITORY. 


Sec.  55.  Whenever  a  patent  has  been  issued  to,  or  in  the 
name  of,  a.  wrong  person,  or  contains  any  clerical  error,  mis- 
nomer or  wrong  or  defective  description  of  the  land  thereby 
intended  to  be  granted,  or  there  is  in  such  patent  an  omis- 
sion of  the  conditions  of  the  grant,  the  Minister  may,  there 
being  no  adverse  claim,  direct  the  defective  patent  to  be  can- 
celed and  a  correct  one  to  be  issued  in  its  stead — which  cor- 
rected patent  shall  relate  back  to  the  date  of  the  one  so  can- 
celed and  have  the  same  effect  as  if  issued  at  the  date  of  such 
canceled  patent.    46  V.,  c.  17,  s.  72. 

REMEDY    IN    CASE*  OF   GRANTS    OR    PATENTS    IN- 
CONSISTENT   WITH    EACH    OTHER.— LIMITATION    OF 
TIME  FOR  CLAIM.    Sec.  s6.    In  all  cases  in  which,  through 
error,   grants   or   letters  patent  have   issued   for   the   same   land, 
inconsistent  with  each  other,  and  in  all  cases  of  sales  or  appro- 
priations  of   the   same   land,    inconsistent   with    each   other,   the 
Minister    may   order   a   new    grant,    to   the   person    thereby    de- 
prived, of  land  of  value  equal  to  that  of  the  original  grant,  at 
the  time  the  same  was  granted,  or  may,  in  case  of  sale,  cause 
repayrient  to   be   made  of   the   purchase   money,   with   interest; 
or   '.vhen   the  land   has   passed  frf  m   the   original   purchaser,   or 
has  been  improved  before  the  discovery  of  the  error,   or  when 
the  original   grant   was  a   free   grant,   the   Minister   may   assign 
land,  or  grant   such   amount   of   scrip   for  the  purchase   of   Do- 
minion lands  as  to  him  seems  just  and  equitable  under  the  cir- 
cumstances;   but    no    claim    under    this    clause    shall    be    enter- 
tained unless  it  is  preferred  within  one  year  after  the  discovery 
of  the  error.    46  V.,  c.   17,  s.  73. 

PROVISION  IN  CASE  OF  PATENTS  ISSUED 
THROUGH  FRAUD,  &c.— AVOIDANCE  ON  REGISTRY 
OF  DECREE.  Sec.  57.  Whenever  patents,  leases  or  other  in- 
struments respecting  lands  have  issued  through  fraud,  or  in 
error  or  improvidence,  any  court  having  competent  jurisdic- 
tion in  cases  •  respecting  real  property  in  the  Province  or  Terri- 
tory where  such  lands  are  situate,  may,  upon  action,  bill  or 
plaint  respecting  such  lands,  and  upon  hearing  the  parties  in- 
terested, or  upon  default  of  the  said  parties  after  such  notice 
of  proceeding  as  the  said  court  orders,  decree  or  adjudge  such 
patent,  lease  or  other  instrument  to  be  void;  and  upon  the 
registry  of  such  decree  or  adjudication  in  the  office  of  the  Re^ 


DOMINION  LANDS. 


aos 


istrar-General  of  Canada,  such  patent,  lease  or  other  instrument 
shall  be  void.    46  V'.,  c.   17,  s.  74« 

REMEDY  IN   CASE  OF  REFUSAL  TO   DELIVER  UP 
POSSESSION  OF  FORFEITED  LAND,   OR  TO  VACATE 
LAND    WRONGFULLY    HELD.-ORDER     TO     SHERIFF 
TO    GIVE    POSSESSION.    Sec.    58.    When    any    settler,    pur- 
chaser or  other  person  refuses  or  neglects  to  deliver  up  posses- 
sion of  any  land  after  forfeiture  of  the  same  under  the  provi- 
sions  of    this   Act,    or   whenever   any    person    is    wrongfully    in 
possession   cf    Dominion    land   and   refuses   to   vacate   or   aban- 
don possession  of  the  same,  the  Minister  may  apply  to  a  judge 
of  any  court  of  competent  jurisdiction  in  cases  respecting  real 
property   in   the    Province   or   Territory    in    which   the    land    is 
situate,  for  an  order  in  the  form  of  a  writ  of  ejectment  or  of 
habere  facias  possessionem;  and  the  said  judge,  upon  proof  to 
his    satisfaction    that    such    land    was    so    forfeited    and    should 
properly  revert  to  the  Crown,  or  is  wrongfully  in  possession  of 
such  person,  shall  grant  an  order  upon  the  settler  or  person  in 
possession  to  deliver  up   the  same  to   the  Minister,   or  to   the 
person  by  him  authorized  to  receive  sUch  possession;  and  such 
order  shall  have  the  same  force  as  a  writ  of  habere  facias  pos- 
sessionem; and  the  sheriff  shall  execute  the  same  in  like  man- 
ner as  he  would  execute  the  said  writ  in  an  action  of  ejectment 
or  a  petitory  action.    46  V.,  c.  17,  s.  75. 


ASSIGNMENTS. 

ASSIGNMENTS  OF  DOMINION  LANDS  TO  BE  REG- 
ISTERED.-CONDITION  OF  REGISTRATION.  Sec.  SQ- 
The  Minister  shall  cause  to  be  kept,  in  the  Department  of  the 
Interior,  books  for  registering,  at  the  option  of  the  persons 
interested,  assignments  of  any  rights  to  Dominion  lands  which 
are  assignable  \  '^r  this  Act,  upon  proof  to  his  satisfaction 
that  such  assignments  are  in  conformity  with  this  Act;  and 
every  assignment  so  registered  shall  be  valid  against  any  other 
assignment  unregistered  or  subsequently  registered;  but  any 
assignment  to  be  registered  shall  be  unconditional,  and  all  con- 
ditions on  which  the  right  depends  shall  be  performed,  or  dis- 
pensed  with   by  the   Minister,   before  the   assignment   is   regis- 

[••^red.    46  v.,  c.   17,  s.  76. 


■ISii 


io6 


NORTHWEST  TERRITORY. 


. 


,i 


II  I 

'HI 


:i 


i  ; 


f; 


PATENT  TO  LEGAL  REPRESENTATIVE  OF  PARTV 
DYING  ENTITLED  THERETO.  Sec.  60.  On  any  applica- 
tion for  a  patent  by  the  legal  representative  of  a  person  who 
died  entitled  to  such  patent,  the  Minister  may  receive  proof  of 
the  facts  in  such  manner  as  he  sees  fit  to  require;  and  upon 
beinR  satisfied  that  the  claim  has  been  justly  established,  may 
allow  the  same  and  cause  a  patent  to  be  issued  accordingly. 
46  v.,  c.  Z7t  s.  77.      ^ 


TOWNSHIP   PLANS   AND    PATENT    LISTS. 

MINISTER  TO  TRANSMIT  CERTAIN  INFORMA- 
TION TO  REGISTRARS.  Sec.  61.  The  Minister  shall  trans- 
mit to  the  registrar  of  every  county  and  registration  district  or 
division  in  Manitoba  and  the  Northwest  Territories,  as  early 
as  possible  in  each  year,  a  certified  copy  of  the  map  of  each 
township  in  such  county,  district  or  division,  surveyed  in  the 
year  next  preceding,  together  with  a  certified  list  of  the  lands 
in  such  county,  district  or  division,  patented  during  such  year. 
46  v.,  c.   I7f  s.  78. 


LAND  SCRIP. 

AUTHORITY  TO  ISSUE  SCRIP.  Sec.  62.  The  Governor 
in  Council  may,  if  he  deems  it  expedient  so  to  do,  satisfy  any 
claim  to  a  grant  of  Dominion  lands,  respecting  which  no  pro- 
vision is  otherwise  made  by  law,  by  an  issue  of  scrip  redeem- 
able only  by  its  receipt  in  payment  for  such  land.  46  V.,  c. 
17,  s.  80. 


TIMBER  AND  TIMBER  LANDS. 


WOOD  FOR  SETTLERS. 

MINISTER  MAY  SET  APART  LAND  OR  WOOD 
LOTS.  Sec.  63.  The  Minister  may  direct  that  in  the  subdi- 
vision of  townships,  which  consists  partly  of  prairie  and  partly 
of  timber  land,  the  timber  lands  shall  be  divided  into  wood 
lots  of  not  more  than  twenty  and  not  less  than  ten  acres  each, 
in  such  manner  as  to  afford,  as  far  as  practicable,  one  such 
wood  lot  to  each  quarter-section  prairie  farm. 


DOMINION  LANDS. 


«V 


y 

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(on 
lay 
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;rans- 
ict  or 
early 
each 
in  the 
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)vernor 
isfy  any 
Ino  pro- 
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v.,  c. 


WOOD 
L   subdi- 
l(i  partly 
Ito   wood 
|res  eacli. 

one  sucV. 


AS  TO  QUARTER-SECTIONiJ  HAVING  WOOD  ON 
THEM.  2.  If  a  quarter  section  is  found  to  contain  timber 
land  which  does  not  exceed  in  extent  twenty-five  acres,  such 
timber  land  shall  be  appurtenant  to  such  quarter-section  and 
shall  not  be  divided  into  wood  lots. 

ASSIGNMENT     OF     WOOD    LOT    TO     EACH    HOME- 
STEAD.-PRICE  TO   BE  PAID   BY   SETTLER.    3.    Out   of 
any  wood  lots  set  apart  under  the  first  sub-clause  of  this  clauscr 
the  local  agent  shall,  on  application,  apportion  a  wood   lot   to 
each  settler  on  a  homestead   quarter-section  not  having  on   it 
more  than  ten  acres  of  woodland;  and  such  wood  lot  shall  be 
paid  for  by  the  applicant  at  the  price  for  wood  lots  fixed  at 
the  time  by  the  Minister,  and   shall  be   entered  in  the  books 
of  the  local  agent  and  be  given  by  him,  in  his  returns,  as  ap- 
pertaining    to   such    homestead     quarter-section;     and     on     the 
homestead  claimant  fulfilling  all  the  requirements  of  this   Act 
in  that  behalf,  but  not  otherwise,  a  patent  shall  issue  to  him 
for  such  wood  lot:    Provided  always,  that  any  person  to  whom 
a  wood  lot  was  apportioned  in  connection  with  a  homestead, 
under  the   provisions  of   sub-clause   five   of   clause  forty-six   of 
"The  Dominion  Lands  Act  of  187a,"  having  duly  fulfilled  the 
conditions  of  such  homestead  grant,  shall  receive  a  patent  for 
such  wood  lot  as  a  free  grant,  as  provided  in  the   said   sub- 
clause,   notwithstanding    the    repeal    of    the    said    sub-clause    by 
the    Act    thirty-seven     Victoria,     chapter     nineteen:    Provided, 
further,  that  the  cancellation  of  a  homestead  entry  shall  carry 
with  it  the   cancellation  of  the  entry  of   the   wood  lot  appor- 
tioned thereto,  and  also  the  forfeiture  of  the  purchase  money 
of  such  wood  lot. 

AS  TO  SALE  OF  TIMBER  TO  SAWMILLS,  &c.,  BE- 
FORE PATENT.— PUNISHMENT  FOR  SO  DOING.  4. 
Any  holder  of  a  homestead  entry  who,  previously  to  the  issue 
of  the  patent,  sells  any  of  the  timber  on  either  his  homestead 
or  pre-emption  quarter-section,  or  on  the  appurtenant  wood 
let.  to  saw-mill  proprietors  or  to  any  other  than  settlers  for 
their  own  private  use,  without  having  previously  obtained  per- 
mission so  to  do  from  the  Minister,  is  guilty  of  a  trespass  and 
may  be  prosecuted  therefor  before  a  justice  of  the  peace;  and. 
upon  conviction  thereof,  shall  be  liable  to  a  penalty  not  ex- 
ceeding;  one   hundred   dollars   or  to   imprisonment   for  a   term 


ao8 


NORTHWEST  TERRITORY. 


not  exceeding  six  months,  or  to  both  penalty  and  imprison- 
ment, in  the  discretion  of  tHe  court;  and  further,  such  person 
shall  forfeit  his  homestead  and  pre-emption  rights,  and  the 
timber  so  sold  shall  be  subject  to  seizure  and  confiscation  in 
the  manner  hereinafter  provided.    46  V.,   c.    17,   s.  45. 


TIMBER  BERTHS. 

"TIMBER"  DEFINED.  Sec.  64.  In  the  twenty-five 
clauses  next  following,  the  expression  "timber"  means  all 
wood   and  all   products  thereof.    46  W,  c.   17,   s.   46. 

TIMBER  DISTRICTS.  Sec.  65.  The  Governor  in  Council 
may,  from  time  to  time,  declare  districts  of  territory  to  be 
timber  districts;  and  no  lease  of  a  timber  berth  shall  be  granted 
except  within  timber  districts  so  set  apart.    46  V.,  c.   17,  s.  47. 

DIVISION  OF  SUCH  DISTRICTS  INTO  TIMBER 
BERTHS  BY  MINISTER.— REGULATIONS  RESPECT- 
ING GRANT  OF  SUCH  BERTHS.  Sec.  66.  The  Minister 
may  set  apart  any  tract  of  land  in  any  timber  district,  and  may 
cause  the  same  to  be  divided  into  timber  berths  not  exceed- 
ing in  area  fifty  square  miles  each,  and  the  same  shall  be  re- 
served from  sale  and  settlement;  and  under  such  regulations 
as  are  made  by  the  Governor  in  council  respecting  the  ground 
rents,  royalties  or  other  dues  which  shall  be  paid  in  connec- 
tion therewith,  leases  of  the  right  to  cut  timber  on  such  berths 
may  be  granted  as  hereinafter  provided.    46  V.,  c.  17,  s.  48. 

SALE  OF  LEASES  OF  SUCH  BERTHS;  CONDITIONS 
THEREOF.  Sec.  67.  The  Governor  in  Council  may,  from 
time  to  time,  order  that  leases  of  the  right  to  cut  timber  on 
certain  timber  berths  defined  in  the  order  shall  be  offered  at 
public  auction  at  an  upset  bonus  fixed  in  the  order,  and 
awarded  to  the  person  bidding,  in  each  case,  the  highest  bonus 
thereof — such  bonus  to  be  paid  in  cash  at  the  time  of  sale. 

LEASE  TO  SOLE  APPLICANT.  2.  The  Governor  in 
Council  may  also  authorize  the  lease  of  the  right  to  cut  tim- 
ber on  any  timber  berth  to  any  person  who  is  the  sole  appli- 
cant for  the  lease — the  bonus  to  be  paid  by  such  applicant  to 
lie  fixed  in  the  order  authorizing  the  lease  to  him,  and  to  be 
g)aid  in  cash  at  the  time  of  its  issue. 


Se 
ce( 
be 

unl 
the, 
as  t 

N 

shall 

pay  . 

there' 

FC 
SEE 
OF. 

timbeJ 
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the  tir 
of  the 
"fits  ai 
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f^er  wh 
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/ease,  t/ 
'^  any, 
such  iea 
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'ease  shl 

Order  ii 

Render  J 

'"8'  the  jf 


DOMINION   LANDS. 


ao9 


uncU 
;o   be 
•anted 
s.  47- 
ABER 
PEGT- 
Linister 

id  tnay 
exceed- 

be  re- 
ylations 

ground 

connec- 
berths 

48. 
TIONS 

ly,    frotn 
fmber  on 
Lftered  at 
ler,    and 
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sa\e. 

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cut  titn- 

sole  app^»- 

.plicant  to 

and  to  be 


WHEN  THERE  IS  MORE  THAN  ONE  APPLICANT 
FOR  A  BERTH.  3.  When  one  or  more  persons  apply  for  the 
right  to  cut  timber  upon  the  same  berth,  the  Governor  in 
Council  may  authorize  the  Minister  to  invite  tenders  from  the 
applicants  or  the  public;  and  the  person  tendering  the  highest 
cash  bonus  therefor  shall  be  entitled  to  the  lease.  46  V.,  c.  17, 
s.  49- 

DURATION  OF  LEASES;  AND  AS  TO  RENEWAL. 
Sec.  68.  Leases  of  timber  berths  shall  be  for  a  term  not  ex* 
ceeding  one  year;  and  the  lessee  of  a  timber  berth  shall  not 
be  held  to  have  any  claim  whatever  to  a  renewal  of  his  lease 
unless  such  renewal  is  provided  for  in  the  Order  in  council  au* 
thorizing  it,  or  embodied  in  the  conditions  of  sale  or  tender» 
as  the  case  may  be,  under  which  it  was  obtained. 

NO  RENEWAL  IN  CERTAIN  CASES.  2.  No  lease 
shall  be  renewed  in  any  case  in  which  the  lessee  has  failed  to 
pay  any  ground  rent,  royalty  or  other  dues  in  connection 
therewith.    46  V.,  c.  17,  s.  50. 

FORM  AND  EFFECT  OF  LEASE.— RIGHTS  OF  LES- 
SEE TO  THE  TIMBER,  AND  P:NF0RCEMENT  THERE- 
OF. Sec.  69.  The  lease  shall  describe  the  lands  upon  which 
timber,  wood,  or  other  products  of  wood,  cut  within  the  limits 
in  the  lessee  all  rights  of  property  whatsoever  in  all  trees, 
the  timber  may  be  cut,  and  shall,  during  the  continuance,  vest 
of  the  leasehold,  whether  such  trees,  timber  and  wood  or  prod- 
ucts are  cut  by  his  authority  or  by  any  person  without  his 
consent;  and  such  lease  shall  entitle  the  lessee  to  seize  in  re- 
plevin, revendication  or  otherwise,  as  his  property,  such  tim- 
ber where  the  same  is  found  in  the  possession  of  any  unau- 
thorized person,  and  also  to  bring  any  action  or  suit  against 
any  person  unlawfully  in  possession  of  any  such  timber,  and 
to  prosecute  all  persons  cutting  timber  in  trespass  upon  his 
lease,  to  conviction  and  punishment,  and  to  recover  damages, 
if  any,  and  all  proceedings  pending  at  the  expiration  of  any 
such  lease  may  be  continued  and  completed  as  if  the  lease  had 
not  expired.    46  V.,  c.  17,  s.  51. 

FURTHER  CONDITIONS  OF  LEASE.  Sec.  70.  The 
IcAse  shall,  in  addition  to  such  other  provisions  as  are  in  the 
Order  in  Council  granting  it,  or  in  the  conditions  of  sale  or 
tender  under  which  it  was  obtained,  contain  provisions  bind- 
ing the  lessee: — 

14 


k. 


JIO 


«,„«*ion  ««h  th.^^  .„  ,h.  ,.„..  .  "-^VU.  bo.rd 
within  »  time  f  f»"      „,y.four  hour,  a  'houw  ^^^, 

«p,city  to  cot    n  t«.n  » ^  ^  ^,„    .quare J~l'«  "^^^i  ^, 

„»iute.  lot  ««'/**    ,„jh  other  mtmio^on  <>• 

Uiey  are  '««""~  °  „,oros  sworn  to  by  b«n  °      '  quantities 

tr««  «c^«a  by  hi»  «.«^«-    ^^  ^,„.„.   „,   un«.c». 

"""pHEVENTING  WASTE.     .)^ Jo .  P^„,,^  ,    „^  to  P^ 

»"  waste  o    umber  •«  *^^%h.  -l'"™"r.m  tHrused  lo- 

vent.  t'°  ITye^ttained  a  .i«  fit»«g  them 

which  have  not  y«  «» 

*„ch«.»bl.  timber.  (,.)        '"' -'TZ] 

„.^f  rseSifn^  o.  r  .ris-^-aV-^w  ir;i 

„;  cau..  ""'"rr^:  o   prior  date,  or  "^J^^J^t  U- 


DOMINION   LANDS. 


ail 


a 

rd 
ea 

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Cb.> 
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pay 
;d  i« 

n. 

booVs 

the  i»- 
vcr  te- 

MODS. 
lime  as 
bts  Ac* 
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uatititie* 
products 
thervwisc 
and  tbe 

id  to  pf«- 

ang  «ee» 

,c  used  tot 

exercise 
>ttgin    *«4 

Itc    Sec.  7»- 

other  error 

ue    lands  i^ 

Lrpose  utv4«'| 


this  Act,  the  later  lease  shall  be  void  in  so  far  as  it  interferes 
with  any  previous  lease,  sale,  grant  or  setting  apart.  46  \  .,  c. 
17,  s-  53- 

RESERJ^ATION  OF  RIGHT  OF  GOVERNMENT  AS 
TO  COAL  AND  MINERALS.  Sec.  72.  Every  lease  of  a 
timber  berth  shall  be  subject  to  the  right  of  the  Crown  to  deal, 
in  accordance  with  the  provisions  of  this  Act  and  the  regula* 
tions  made  under  it  by  the  Governor  in  Council,  with  any  and 
all  coal  and  other  minerals  found  within  the  limits  of  the  berth 
leased;  and  the  Crown  shall  have  the  right,  in  dealing,  as  above 
provided,  with  any  coal  or  other  minerals  in  lands  leased  aa 
timber  limits,  to  authorize  the  persons  to  whom  sucb  coal  and 
other  minerals  are  granted,  to  take  possession  of  and  occupy 
such  extent  of  the  land  so  leased  as  is  necessary  to  work  such 
coal  or  other  minerals,  and  to  open  necessary  roads  through 
any  such  timber  berths— paying  the  lessee  of  the  berth  the 
value  of  any  and  all  timber  necessarily  cut  in  making  such 
roads  or  in  working  the  mines— and  the  provisions  of  this 
clause  shall  operate  retrospectively,  that  is  to  say:  they  shall 
apply  to  all  leases  of  timber  berths  heretofore  granted  under 
any  Act  respecting  Dominion  lands,  as  if  they  had  been  con- 
tained in  such  Act  when  it  was  passed.    46  V.,  c.  17,  s.  54. 

FORFEITURE  OF  LEASE  FOR  VIOLATION  OF  CON- 
DITIONS.-~PROVISO.  Sec.  73-  Every  lease  shall  be  sub- 
ject to  forfeiture  for  violation  of  any  one  of  the  conditions  to 
which  it  is  subject,  or  for  any  fraudulent  return;  and  in  such 
case  the  Minister  may,  without  any  action,  suit  or  other  pro- 
ceeding, and  without  compensation,  to  the  lessee,  cancel  the 
same  and  make  a  new  lease  or  disposition  of  the  limit  de- 
scribed therein  to  any  other  person,  at  any  time  during  the 
term  of  the  lease  so  canceled;  but  the  Minister  may,  if  he  sees 
fit,  refrain  from  canceling  such  lease  for  non-payment  of  dues, 
and  may  enforce  payment  of  such  dues  in  the  manner  by  this 
Act  provided.    46  V.,  c.  17,  s.  55. 

LIEN  OF  THE  CROWN  FOR  DUES,  AND  ENFORCE- 
MENT THEREOF.— SEIZURE  AND  SALE  OF  TIMBER. 
Sec.  74.  All  gro'ind  rents,  royalties  or  other  dues  on  timber 
cut  within  the  limits  of  any  timber  berth,  which  are  not  paid  at 
the  time  when  they  become  due,  shall  bear  interest  at  the  rate 
of  six  per  cent  per  annum  until  paid,  and  shall  be  a  lien  on 


Ti"'. ,' 


NORTHWEST  TERRITORY. 

i    in    ra! 


o,  other  P«»"",  •"Hu'*'  »'  **  """"'   *.  pay"'"'  "'  '"" 
the  Minuter.  •««  ";r.u«i<:ient  to  secure  *"'y..uare  and 

«m.  in  bis  oP«»»»^  ";,!  i„,„„t  and  ««'^"V  .he  Pav"'"' 

«?'  "  d°m"y  d«^n  '"'  •'""  l"iS  three  month,  aher 
tale,   and   may  j  j,  „ot  made  «'""        .       Minister,   sell 

thereof,  and  >'  »»^J^;^\uh  the  "«"»"  deducting  the  .»« 
such  »"'«'•  '""hL  .uction,-«nd.  »'»«'  ^''' .^cpenses  alore- 
.uch  timber  by  'f  "^.  i„,„est  tbe«on  and   «P  .^  ,h. 

'»-'  '°  ''l^U  pay  over  th'  ".lance   if  any  to  th^^^^_  „_  „  u 

"-"■"■  ^rutB.E  KOR  ^^:^sjr:^ 

- »:?  Bn  te,-rr^^Xth-^:--  ^> 

«»""  of  the  Cro«n  ^^  .^_  .,  found. jbe^h  ^,  ^^^^ 

„id  timber,  or  any  P  ^^  »»i'°"",^  collection  of  such 

secured,   as  pr  ^^^ 

"•  '■  ''■        ^vvNT  OF  PAYMENT    l^,,'^,^e  payment  of 
ENFORCEMENT  5?      „^     sec.   7>>-    "  *fby  any  lessee 
MOVAL  OUT    Oe   Ct^^^       ^^  "«"  ."±  or  products  o«t 
^e  Cro«n  dues  on  ^^  ;^'»„,.,  „,  .uch  "»'^«  "^"^.d  and 
«  other  person,  by  the  ^_^^^„t  of  dues  .  ^^^^  „, 

o(  Canada,  or  othermse,  ,„  f '.    !le  d«»  «'»"'" 

tuy  expense,  '"""'tis  Act  may  be  »dded  to  the  due      ^^^^ 
the  said  dues  n«^"  'b«  ^c   ^^^^   ^^^„  ";°"b."Ud  a.^ 
tog  to  be  collected  on  a  y       ^,^^^jy.  '"1"   «ith  such  1»«- , 
b^h  by  th.  •"«;;'„^^uch  timber.  to«^b.r  ^^^f^^.  „    ., 

or  his  agent,  m  any  | 

17.  s-  S^' 


DOMINION  LANDS. 


si> 


BONDS  OR  NOTES  MAY  BE  TAKEN  WITHOUT  AF- 
FECTING  LIEN.  Sec.  ^t.  The  Minister  may  take  or  author- 
ize the  taking  of  bonds  or  promissory  notes  for  any  money  due 
to  the  Crown,  as  aforesaid,  or.  in  hi^  discretion,  for  double  the 
amount  of  any  dues,  penalties  and  costs  incurred  or  to  be 
incurred,  and  may,  if  it  is  under  seizure,  then  release  any  tim> 
ber  upon  which  the  same  would  be  leviable;  but  the  taking 
of  such  bonds  or  notes  shall  not  affect  the  right  of  the  Crown 
to  enforce  payment  of  such  money,  and  the  debt  shall  be  a 
lien  on  any  timber  cut  on  the  same  or  on  any  other  berth,  by 
the  lessee  or  by  his  authority,  if  the  sums  for  which  such  bonds 
or  notes  are  given  are  not  paid  when  due.    46  V.,  c.  17.  s.  59. 


/cr  tVie 

is  tto^ 
[  vtfood, 

jl   sucVv 

tain  tVve 

paid  or 

v.,  c- 


FOREST  PARKS. 

PRESERVATION  OF  FOREST  TREES  AND  MAIN- 
TENANCE  OF  RAINFALL.— FOREST  PARKS.  Sec.  78. 
The  Governor  in  Council  may,  from  time  to  time,,  for  the  pres- 
ervation of  forest  trees  on  the  crests  and  slopes  of  the  Rocky 
Mountains,  and  for  the  proper  maintenance  throughout  the 
year  of  the  volume  of  water  in  the  rivers  and  streams  which 
have  their  sources  in  such  mountains  and  traverse  the  North- 
west Territories,  reserve  from  sale,  lease  or  license,  such  por- 
tions of  the  land  in  the  Northwest  Territories,  on,  adjacent  to 
or  in  the  vicinity  of  the  Rocky  Mountains,  a»  to  him  it  appears 
expedient  so  to  reserve,  and  may  define  the  limits  or  bounda- 
ries of  such  reserves;  and  may  set  aside  and  appropriate  such 
lands  for  a  forest  park  or  forest  parks,  as  he  deems  expedient, 
and  may  appoint  officers  for  the  preservation  of  such  reserves 
and  forest  parks. 

RETURNS     TO     PARLIAMENT.    2.    Statements    showing 
such    reserves    and    appropriations,    with    the    necessary    maps, 
«hall   be    laid    before    Parliament    within    fifteen    days    after    the- 
commencement  of  the  session   next  after   such  reserves   or  ap- 
propriations have  been  made. 

PENALTY     FOR     DESTROYING    TREES.— SUMMARY 

?RUCl\EDINGS.    3.      Every    one    who     wilfully    cuts     down; 

breaks,   bi^rks,   roots   up,  removes  or  destroys,  or  causes   to  be 

[Cut  down,   broken,   barked,   rooted   up,  removed,   or  destroyed. 


NORTQWEST  TERRITORY. 


ax4  J  timber     growing    *» 

„i.h  «»"•  "t  thrNorth««st  Tenitone..  a  |t.p« 

tices  of  the  P«»«=   ,X  coHts  ot  prosecution.    *«    °^,„,bs. 
such  penalty.  »^/'Xy  ,erm  not  exceeding  three  mo 
may  be  iropnaoned  for  any 

47  v..  c.  as.  »■  '• 

.«xmV   OF  PEKSo'^^r^"^^    "^»^^    *""■ 
LIABILIIY   Ol?  AUTHORITY. 

o^TMLER  ON   DOMINION 

to  cut  or  assist  in  c  „,  employs  »  ^^ 

lands,  or  removes  or  carne  ^^  ^^^  '^''^.h^  J  such 

assists  any  other  P«f"' ^°J  „„,    acquire  any     •«"    ^^  /,„., 
of  any  kind  so  "'v '^V  remuneration  for    <=»"'»/ ^*^\  t„  or 
timber  or   any  d"""  '"' ^,ket  or  conveying  *he   «™^       „„, 
^"■^rmlrketrand  »hrn  «»«  timbe^  has  ^-/Htherwise 
rhfre"a:;:'o    th.  C«.»n  --  ,  riddition  to  the  1.S  0 

a^ay,  and  such  s^       ^^  ^^^  (.r„„„.  ,„  any  .  ^^^ 

suit  and  in  '»'.  "  ^„.-.  to  the  amount  ol  tne  v  j^, 

,isdiction  in  <="' ,"f7;;oof  of  authority  '»  '^'/^^^ment  of 
a„  case,  the  ^-"l;„%t  person  charged;  ^^jVy   «»P'°^'1 

r/errsipi.^ « rxrfU''t^:«^-htd 


DOMINION  LANDS. 


MIS 


ON 

en- 

fLRS. 

ritb- 
'rson 
[inioft 

js  or 

iinber 
sucb 

to  or 

[loss  oi 
•eedinR 

L  ^^  ^* 
t  carry 

at  the 
ring  i^- 

Lent  0 

oi  there- 1 
[17.  ^-  ^• 


SEIZURE  OF  TIMBER  ON  AFFIDAVIT  BEFORE  A 
J.  P.  Sec.  80.  Whenever  any  Crown  timber  officer  or  agent 
receives  satisfactory  information,  supported  by  affidavit,  made 
before  a  justice  of  the  peace  or  before  any  other  competent  of* 
ficer  or  person,  that  any  timber  has  been  cut  without  authority 
on  Dommion  Lands,  or  if  any  Crown  timber  officer  or  agent, 
from  other  sources  of  information  or  his  own  knowledge,  if 
aware  that  any  timber  has  been  cut  without  authority  on  any 
such  lands,  he  may  seize  or  cause  to  be  seized,  in  Her 
Majesty's  name,  the  timber  so  reported  or  known  to  be  cut, 
wherever  it  is  found,  and  place  the  same  under  proper  custody, 
until  the  matter  is  decided  by  competent  authority.  46  V.,  c 
17,  s.  61,  part. 

PROVISION  IF  THE  TIMBER  HAS  BEEN  MIXED 
WITH  OTHER  TIMBER.  Sec.  81.  If  the  timber,  reported 
or  known  to  have  been  cut  without  authority,  has  been  made 
up  with  other  timber  into  a  crib,  dam,  or  raft,  or  in  any  other 
manner  has.  at  any  mill  or  elsewhere,  been  so  mixed  up  with 
other  timber  as  to  render  it  impossible  or  very  difficult  to  dis* 
tinguish  the  timber  so  cut  without  authority  from  the  other 
timber,  the  whole  shall  be  held  to  have  been  cut  without  au- 
thority and  shall  be  liable  to  seizure  and  forfeiture  accordingly, 
unless  the  holder  separates,  to  the  satisfaction  of  the  Crown 
timber  agent,  the  timber  cut  without  authority  from  the  other. 
46  v.,  c.  17,  s.  61,  part. 

IN  ABSENCE  OF  SATISFACTORY  EXPLANATION 
TIMBER  MAY  BE  SEIZED  AS  CUT  WITHOUT  AU- 
THORITY. RECOVERY  OF  DUES.  Sec.  8a.  Whenever 
any  Crown  timber  agent  or  other  officer  or  agent  of  the  Minis- 
ter is  in  doubt  as  to  whether  any  timber  has  or  has  not  been 
cut  without  authority,  or  is  or  is  not  liable  to  Crown  dues  on 
the  whole  or  any  part  thereof,  he  may  inquire  of  the  person 
or  persons  in  possession  or  in  charge  of  such  timber,  as  to 
when  and  where  the  same  was  cut;  and  if  no  satisfactory  ex- 
planation, on  oath  or  otherwise  as  he  requires,  is  given  to  him, 
he  may  seize  and  detain  such  timber  until  proof  is  made  to  the 
satisfaction  of  the  Minister  or  of  such  Crown  timber  agent  or 
officer,  that  such  timber  was  not  cut  without  authority,  and  it 
not  liable,  either  in  whole  or  ir)  part,  to  Crown  dues  of  any 
l^ind;  and  if  such  proof  is  not    made    within    thirty  days  after 


1.^1 


■M 

■  -   3i' 


Mi 


1^! 


i 


f 


2l6 


NORTHWEST  TERRITORY. 


such  seizure,  such  timber  may  be  dealt  with  as  timber  cut  with- 
out authority,  or  on  which  the  Crown  dues  have  not  been  paid, 
according  to  the  circumstances  of  the  case;  and  the  dues  there- 
on  may  be  recovered  as  hereinbefore  provided.  46  V.,  c.  17, 
s.  62. 

RELEASE  OF  TIMBER  ON  SECURITY  BEING 
GIVEN.  Sec.  83.  If  any  timber,  or  any  product  thereof,  is 
seized  under  the  provisions  of  this  Act  by  any  Crown  timber 
agent  or  officer,  he  may  allow  such  timber  or  product  thereof 
to  be  removed  and  disposed  of,  on  receiving  sufficient  security, 
by  bond  or  otherwise  to  his  satisfaction,  for  the  full  value 
thereof,  or,  in  his  discretion,  for  payment  of  double  the  amount 
of  all  dues,  penalties  and  costs  incurred  or  imposed  thereon,  as 
the  case  may  be.    46  V.,  c.  x;,  s.  63. 

TIMBER    SEIZED    TO    BE    DEEMED    CONDEMNED 
AND    FORFEITED   IN   DEFAULT   OF    OWNER   CLAIM- 
ING  WITHIN     ONE     MONTH.       CONFISCATION    AND 
SALE  IN  CASE  OF  DEFAULT  TO  CONTEST  SEIZURE. 
Sec.    84.    All    timber    seized   under   this   Act   on    behalf    of   the 
Crown,   as  being  forfeited,  shall   be  deemed  to   be   condemned, 
unless    the    owner    thereof    or    the    person    from    whom    it    was 
seized,    within   one   month   from  the   day   of   tne    seizure,    gives 
notice  to  the  seizing  ofificcr  or  to  the  Crown  timber  agent  or 
officer   under   whose   authority   the    seizure   was   made,    that   he 
intends  to  contest  the  seizure;  and  if,  within  fifteen  days  there- 
after,   the    claimant    has    not    instituted    proceedings    before    a 
court   of   competent   jurisdiction   to   contest   the    seizure,    or,   if 
the  decision  of  the  court  is  against  him,  or,  if  the  claimant  fails 
duly  to  prosecute  such  proceedings,  in  the  opinion  of  the  judge 
before  whom  the  case  is  tried  (who  may  for  that  cause  dismiss 
the   suit  on  the   expiration   of  three  months  from   the   date  on 
which   it  was  instituted — anything  to  the   contrary   hereinbefore 
enacted    notwithstanding),    the   timber   may    be    confiscated   and 
may,    after   thirty    d«ys'    notice   posted   up   at   the   place    where 
the  same  '.s  confiscated,  be  sold,  by  the  order  of  the  Minister, 
for  the  benefit  of  the  Crown. 

MINISTER  MAY  IMPOSE  A  FINE  INSTEAD  OF 
CONFISCATION  IN  CERTAIN  CASES,  &c.  SALE  IN 
DEFAULT  OF  PAYME?  T.  2.  The  Minister  may,  if  he  sees 
cause  for  so  doing,  instead  of  confiscating  timber  cut  without 


DOMINION  LANDS. 


authority  on  Dominion  lanrf«    •  *  ^'^ 

may,  m  his  discretion,  retain  7»,.?f  ^^  P"^"^  auction    anrf 
BURDEN  OF  PRoni.  ^^  *    ^o   v.,  c.   17.  s. 


SLIDES,  &c. 

o„T  °'  """^  «y  ri^h.  „/„,",*  °'  '"y  Dom'"'""  Land, 
or  „„      •  "  """■•  "O'k  prcvionslv  7        *"^  '"''«•  d^™.  pier 


Id 


Iki . 


11 


1 


NORTHWEST  TERRITORY. 


^^^  c  i..»iK^r    and    saw-logs, 

tod  th.  right  of  «c">  'hereto,  ^  _^^^    ,^  „y^ 

!^e  and  keeping  them  in  repar,  ^,^  or  grMl 

X rupted  ''^r^ade'subse -ttV  'o  *«  ~— '"°»  " 

of  Dominion  L»n"  «°»°"=     _     ^ 

°„«h  work..    46  v..  c  ■'•  »■  ^; ""^p  LAKES  AND  ACCESS 

J#^^o"^^ofA«..r^.J-^^^^^^^^ 

brz^^^^  Snrtt  timC-fro:  z 

Zt  obstacle,,  are  ""'^S'o    conlttuoting  .Udc,  where  n^es- 

46  v.,  c.  17.  «•  ^- 

POWERS  OF  THE  GOVERNOR  XN  COUNCIL 

<- Hh^  ara":«rd  r=  tUnder.  such  Und,  . 
existing  ngnis  «»=  Indians.  ■,     ^,, 

have  been  or  are  reserved  for  1  ^yS.     (bO    Reserve 

LANDS    REQUIRED   FOR    ^^^^^.^^  j^^ds  to  such  an 
^^^^  ,   settlement,  uomim"  railways  m 

from  general  sale  ^f  J     ^  .^  ^^e  construaion  of  railway 

for  the  disposal  of  the  l^nds^^  ^^^^  ^^^^^^^  ^^  ^^.^  price 
r^ch"rA:\;ra«me^^^^^^^         ^„,3,,3  BaJ 

S'^r  four  Hundred  -^    ^e^tt^Ue  thousand  ..« 
Manitoba,  and  not  exceeamg  1 


DOMINION  LANDS. 


«9 


hundred  acres  for  each  mile  in  the  Northwest  Territories,  in 
did  of  the  construction  of  a  railway  from  some  point  on  the 
Canadian  Pacific  Railway  to  Hudson's  Bay. 

ENCOURAGEMENT  OF  DRAINAGE,  &c.  (d.)  Grant 
to  the  promoters  of  works  undertaken  with  a  view  of  draining 
and  reclaiming  swamp  lands,  for  the  purpose  of  encouraging 
such  works,  remuneration  in  the  way  of  grants  of  the  lands  so 
reclaimed,  or  of  such  portions  thereof  as  are  deemed  fair  and. 
reasonable. 

SCHOOLS  OF  INSTRUCTION  IN  AGRICULTURE. 
(e.)  Grant  land — not  in  any  case  exceeding  in  extent  one  sec- 
tion and  one-half  section — to  any  person  who  will  establish 
and  keep  in  operation  thereon,  for  a  term  of  not  less  than  five 
years,  a  school  of  instruction  in  practical  farming  and  all  mat- 
ters  pertaining  thereto,  having,  during  the  period,  an  average 
attendance  of  thirty  pupils,  and  otherwise  meeting  the  approval 
of  the  Minister. 

CLAIMS  ARISING  OUT  OF  INDIAN  TITLE,  (f.) 
Grant  lands,  in  satisfaction  of  any  claims  existing  in  connec- 
tion with  the  extinguishment  of  the  Indian  title,  preferred  by 
half-breed  residents  in  the  Northwest  Territories,  outside  of 
the  limits  of  Manitoba,  previous  to  the  fifteenth  day  of  July, 
one  thousand  eight  hundred  and  seventy,  to  such  persons,  to 
such  extent,  and  on  such  terms  and  conditions  as  are  deemed 
expedient . 

CERTAIN  CLAIMS  TO  LANDS  OUTSIDE  OF  MANI- 
TOBA  PRIOR  TO  FIFTEENTH  OF  JULY,  1870.  (g.)  In- 
vestigate and  adjust  claims  preferred  to  Dominion  lands  situ- 
ate outside  of  the  Province  of  Manitoba,  alleged  to  have  been 
taken  up  and  settled  on  previous  to  the  fifteenth  day  of  July, 
one  thousand  eight  hundred  and  seventy,  and  grant  to  persons 
satisfactorily  establishing  undisturbed  occupation  of  any  such 
lands,  prior  to  the  said  date,  and  being,  by  their  own  residence 
or  that  of  their  servants,  tenants  or  agents,  or  of  those  through 
whom  they  claim,  in  actual  peaceable  possession  thereof  at  the 
said  date,  so  much  land  in  satisfaction  of  such  claim  as  is  con- 
sidered fair  and  reasonable,  but  not  exceeding  in  any  case  one 
quarter-section,  unless  there  has  been  cultivation  of  more  than 
|that  area. 


ill  I 


II 


am 


220 


NORTHWEST  TERRITORY. 


FOR  CARRYING  OUT  THE  PROVISIONS  OF  THIS 
ACT.  (h.)  Make  such  orders  as  are  deemed  necessary,  from 
time  to  time,  to  carry  out  the  provisions  of  this  Act  according 
to  their  true  intent,  or  to  meet  any  cases  which  arise,  and  for 
which  no  provision  is  made  in  this  Act;  and  further  make  and 
declare  any  regulations  which  are  considered  necessary  to  give 
the  provisions  in  this  clause  contained  full  effect;  and,  from 
time  to  time,  alter  or  revoke  any  order  or  orders  or  any  regu- 
lations made  in  respect  of  the  said  provisions,  and  make  others 
in  their  stead. 

PENALTIES  FOR  VIOLATION,  (i.)  Impose  penalties 
not  exceeding  two  hundred  dollars,  or  not  exceeding  three 
months'  imprisonment,  for  violation  of  any  regulations  under 
this  Act. 

STATEMENT  UNDER  OATH,  (j.)  Provided  that  any 
statement  or  return  required  to  be  made  by  such  regulations, 
shall  be  verified  on  oath.  46  V.,  c.  17,  s.  81,  part; — 47  V.,  c. 
25,  s.  6. 

ROADS  IN  N.  W.  T.  Sec.  90a.  The  Lieutenant-Governor 
and  Assembly  of  the  Northwest  Territories  may  with  the 
consent  of  the  Governor  in  Council,  close  up  any  road  which 
has  been  transferred  to  the  Territories,  or  vary  its  direction; 
and  may,  subject  to  any  ordinances  made  in  respect  thereof, 
open  and  establish  any  new  highway  in  the  stead  of  such  road; 
and  the  land  in  any  road  allowance,  public  traveled  road,  or 
trail  so  closed  may  be  dealt  with  as  the  Governor  in  Council 
sees  fit.    55-56  V.,  c.   15,  s.  6. 

IRRIGATION  COMPANIES,  &c.  Sec.  90b.  The  Gov- 
ernor in  Council  may  grant  to  individuals  or  companies,  upon 
such  terms  and  conditions  as  appear  just,  and  subject  to  such 
regulations  as  are  from  time  to  time  made  in  that  behah'.  the 
right  to  construct  through  Dominion  Lands  conduit  pipes  or 
canals  for  irrigation  purposes,  together  with  all  water  powers 
and  privileges  necessary  therefor.    55-56  V.,  c.   15,  s.  7. 

SALE  OR  LEASE  OF  PUBLIC  LANDS.  S^c.  90c.  The 
Governor  in  .Council  may  authorize  the  sale  or  lease  of  any 
lands  vested  in  Her  Majesty  which  are  not  required  for  public 
purposes,  and  for  the  sale  or  lease  of  which  there  is  no  othef 
provision  in  the  law. 


cect 
57-5S 
S\ 
GAZ 
91.    I 
cii.  ir 
of  an 
cially 
same  J 
ada   Gi 
before 
of  the 
part. 

PUB 

5ec.  91a. 

^^e   oniij 

made  by 

^ct  reJat 

fegulatioi 

validate  i 

f'£ES 
ernor  in 

^y  the  M 

"ofes,  and 

^id  aij  fej 

•■e venue  fri 


^^  EVIDJ 
P'^ns,  bool 
'^'nion  Lar 
^''  of  the 
l*?*^    Enteric 
'^''^  or  of. 
V  ^"y   Dor 
[-'Northwest 


DOMINION  LANDS. 


aai 


"LANDS"  DEFINED.  2.  The  expression  "lands"  in  this 
cection  means  real  property  of  any  kind,  or  any  interest  therein. 

57-58    v..    C.    26,    8.    3 

SUCH  ORDERS  MUST  BE  PUBLISHED  IN  "CANADA 
GAZETTE,"    AND    LAID    BEFORE    PARLIAMENT.     Sec 

Qi.  Every  order  or  regulation  made  by  the  Governor  in  Coun- 
cil, in  virtue  of  the  provisions  of  the  next  preceding  clause,  or 
of  any  other  clause  of  this  Act,  shall,  unless  otherwise  spe* 
cially  provided  in  this  Act,  have  force  and  effect  only  after  the 
same  has  been  published  for  four  successive  weeks  in  the  "Can- 
ada Gazette;"  and  all  such  orders  or  regulations  shall  be  laid 
before  both  houses  of  Parliament  within  the  first  fifteen  days 
of  the  session  next  after  the  date  thereof.  46  V.,  c.  17,  s.  81, 
part. 

PUBLICATION  OF  ORDERS  AND  REGULATIONS. 
Sec.  91a.  Notwithstanding  anything  contained  in  any  such  Act, 
the  omission  to  publish  any  order  or  regulation  heretofore 
made  by  the  Governor  in  Council  under  the  provisions  of  any 
Act  relating  to  Dominion  Lands,  or  to  publish  such  order  or 
regulation  in  any  prescribed  manner,  shall  not  be  held  to  in- 
validate it  or  anything  done  thereunder.    54-35  V.,  c.  26,  s.   a. 

FEES  FOR  COPIES  OF  MAPS,  &c.  Sec.  92.  The  Gov- 
ernor in  Council  may  establish  a  tariff  of  fees  to  be  charged 
by  the  Minister  for  all  copies  of  maps,  township  plans,  field- 
notes,  and  other  records,  and  also  for  registering  assignments; 
and  ail  fees  received  under  such  tariff  shall  form  part  of  the 
revenue  from  Dominion  Lands.    46  V.,  c.   17,  s.   125. 


GENERAL  PROVISIONS. 

CERTIFIED  COPIES  OF  CERTAIN  DOCUMENTS  TO 
BE  EV^IDENCE.  Sec.  93.  Copies  of  any  records,  documents, 
plans,  books,  or  papers,  belonging  to  or  deposited  in  the  Do- 
minion Lands  Office,  attested  under  the  signature  of  the  Minis- 
ter of  the  Interior,  or  of  the  Secretary  of  the  Department  of 
the  Interior,  or  of  the  Surveyor-General,  or  of  any  chief 
clerk  or  officer  authorized  thereto,  and  of  plans  or  documents 
in  any  Dominion  lands  or  surveys  office  in  Manitoba  or  the 
Northwest  Territories,  attested  under  the  signature  of  the  Com- 


i  lit 


•  '^^ :  I 


I'iV: 
1 


aaa 


NORTHWEST  TERRtTORY. 


i'V 


missioner  of  Dominion  Lands,  the  Secretary  of  the  Dominion 
Lands  Board,  or  other  officer  in  charge  of  such  office,  shall  be 
competent  evidence  in  all  cases  in  which  the  original  records, 
documents,  books,  plans,  or  papers  would  be  evidence.  49  V.,. 
c.  37,  s.  2t  part. 

AS  TO  LITHOGRAPHED  COPIES,  &c.  Sec.  94.  Litho- 
graphed or  other  copies  of  maps  or  plans  purporting  to  be 
issued  or  published  by  the  Dominion  Lands  Office  of  the  De- 
partment of  the  Interior,  and  to  have  a  lithographed  or  copied 
signature  of  the  Minister  of  the  Interior  or  of  the  Surveyor- 
General  thereto  attached,  shall  be  received  in  all  courts  and 
proceedings  as  prima  facie  evidence  of  the  originals,  and  of  the 
contents  thereof.    49  V.,  c.  27,  s.  a,  part. 

BEFORE  WHOM  AFFIDAVITS,  &c.,  MAY  BE  MADE. 
Sec.  95.  All  affidavits,  oaths,  solemn  declarations  or  affirma- 
tions required  to  be  taken  or  made  under  this  Act,  except  as- 
herein  otherwise  provided,  may  be  taken  before  the  judge  or 
clerk  of  any  county  or  circuit  court,  or  any  justice  of  the  peace, 
or  any  commissioner  for  taking  affidavits,  or  any  notary  public, 
or  any  Dominion  lands  agent  or  officer,  or  any  person  spe- 
cially authorized  to  take  such  affidavits  by  this  Act  or  by  the 
Minister.    46  V.,  c.  17,  s.  83. 

VERIFICATION  OF  STATEMENTS  ON  OATH.  Sec 
95a.  The  Minister  of  the  Interior  may  require  any  statement 
in  relation  to  any  land  to  which  the  said  Act  applies,  to  be  veri- 
fied by  oath,  affirmation,  declaration  or  affidavit,  which  may  be 
taken  or  made  before  any  of  the  officers  or  persons  mentioned 
in  the  ninety-fifth  clause  of  the  said  Act.    50-51  V.,  c.  31,  s.  7. 

CERTAIN  BOARDS  AND  OFFICERS  MAY  SUMMON 
AND  EXAMINE  PERSONS  ON  OATH.  PUNISHMENT 
FOR  CONTEMPT.  Sec.  96.  29  June,  1897.  The  Dominica 
Lands  Board,  or  any  member  thereof,  or  any  person  specially 
authorized  to  that  effect  by  the  Governor  in  Council,  may  sum* 
mon  before  them  or  him,  any  person,  by  subpoena  issued  by 
them  or  him,  examine  such  person  under  oath,  and  compel  the 
production  of  papers  and  writings  before  them  or  him,— and, 
if  any  person  duly  summoned  neglects  or  refuses  to  appear  at 
the  time  and  place  specified  in  the  subpoena,  legally  served 
upon  him,  or  refuses  to  give  evidence  or  to  produce  the  paper) 
or  writings  demanded  of  him,  may,  by  warrant,  under  their  or 


his 
ing, 
tat  I 
ceed 

£. 

TAIJ 

or  sa 

such 

Jster, 

maintj 

on  th< 

eiiectu; 

the  Cr< 

FOU 

^Pprova. 
't  necesi 
tiiis  Act, 

'orms  to 
PiicabJe  J 


QVal 

VEVOKs 
minion 

^Pril,  one 

f'^  by  ce 
^snds  in  s 

''"aiified 

'^'  ''  87.  p 

OFFic 


Sons 


Qua]]/ 


''^oniinion 
^"'^t^yors,'] 


^OARi 


DOMINION  LANDS. 


his  hands  or  hand,  caus*  .„  u  "^' 

ing.  to  be  taken  into  cul  od"  a„d  ToT;  '^  "**^"^^°«  -  -fus- 
est  common  jail,  as  for  contemn.     /       ''"Pnsoned  in  the  near- 
ceedang  fourteen  days.    46  vT,f  ^S^'  '°'  *  '«'«  «ot  ex 
ENTRY   RECEIPT    *  ^'  **  *^'~49  V..  c  27,  s    „ 

TAIN  SUITS     sei'      eIJ""   ""''^   ^^^HT  TO   MAIN 
or  sale  issued   by  an  "^gemT"  '^^P'   -  -«ificatc  off^'^f; 

-;ch  entry  or  sale  has  Teen  revSTr"'""   ^*"^'   *^«"'    ""^e»» 
'ster.    entitle    the  person   tn   It        "^  °'"  <=*nceled  by  the  m!« 
•"aintain  actions  or  suTs  L         ""   '^*   *«"»«   was   granted     . 

\nT^    ^  ^^  <=•  "•  ••  "5  "'  °'  "'"'•  '"""  <'-" 

"PProv.,  of  .he  Voven  o^^"-  cf"'   f    Th«  Minister,   „,,J"^ 

L"Tr^  so  .0  do,  t:v"a„^T.h;r- "."»"« ""'it 

tills  Act,  or  to  any  Act  am^„H-  °'""*®  »"  t^e  schedule  t^ 

"'  '"  '"'  ">«""  case  or  das,  o7  ^.e?  "" 

VEVOHS.    Se^l°~>fo*t'^^«fI'  OF  DOMINION  SUR 
"■"ion    Lands  «^.ss  ^e':^^!^"  ^  "  "^^oro^lt 
Apnl   on.  ,ho„„„d  .i-h'   "^^l   ^;'°«    *«   Jouneemh    day   ot 

r^  ;r  -^-- -x-- :H^s^^^ 

*'       '^'  *•  87,  part. 

BOARD    to"  CONSIST  ^o^,^"'''^^^- 

ONSIST     OF     SURVEVOR.GENERAr. 


'  ;  i 


224 


NORTHWEST  TERRITORY. 


: 


I 


IM 


AND  EIGHT  COLLEAGUES.  MEETINGS.  Sec.  loi.  There 
shall  be  a  Board  of  Examiners  for  the  examination  of  candi- 
dates for  commissions  as  Dominion  Land  surveyors,  or  as  arti- 
cled  pupils,  which  shall  consist  of  the  Surveyor-General  and 
eight  other  competent  persons  appointed,  from  time  to  time, 
by  Order  in  Council;  and  the  meetings  of  the  Board  shall  com- 
mence on  the  second  Monday  in  the  months  of  February  and 
August  in  each  year,  and  at  such  other  times  as  the  Minister 
directs, — due  notice  thereof  being  given  in  the  "Canada  Ga- 
zette"; and  the  place  of  meeting  shall  be  at  the  city  of  Ottawa, 
or  such  other  place  as  is  from  time  to  time  fixed  by  the  Min- 
ister : 

MEMBERS  TO  BE  SWORN.  2.  Every  member  of  the 
Board  shall  take  an  oath  of  office,  according  to  the  form  M, 
in  the  schedule  to  this  Act,  which  shall  be  adminii^tered  by  a 
judge  of  any  one  of  the  Superior  Courts  in  any  province  of 
Canada,  or  a  judge  of  the  Supreme  Court  of  Canada,  and  such 
judge  is  hereby  authorized  and  required  to  administer  such 
oath . 

QUORUM.  3.  Three  members  of  the  board  shall  form  a 
<luorum : 

SECRETARY.  4.  The  board  shall,  from  time  to  time,  ap- 
point a  fit  and  proper  person  to  be  secretary  thereof,  who  shall 
keep  a  record  of  its  proceedings. 

EXAMINATION  BY  A  MEMBER  OF  THE  BOARD,  s- 
The  Minister  may  cause  examinations  of  candidates  for  com- 
missions as  Dominion  Land  surveyors,  or  as  articled  pupils, 
to  be  held  at  such  times  and  places  as  he  directs,  by  one  of  ttie 
members  of  the  board;  but  such  examinations  shall  be  subject 
to  the  rules  and  regulations  made  by  the  board  in  that  behalf, 
and  shall  have  no  effect  unless  they  are  conducted  in  accord- 
ance with  such  rules  and  regulations,  and  are  subsequently 
approved  by  the  board.    49  V.,  c.  xj^  s.  xa,  part. 

EXAMINATION  FOR  ARTICLES  AS  PUPILS.  Sec. 
102.  No  person  shall  be  admitted  as  an  articled  pupil  with 
any  Dominion  land  surveyor,  unless  he  has  previously  passed 
an  examination  before  the  Board  of  Examiners,  or  before  one 
ot  the  members  thereof,  as  to  his  penmanship  and  orthography, 
and  also  as  to  his  knowledge  of  arithmetic,  algebra,  including 
quadratic  equations,  plane  geometry,  plane  trigonometry,  spher- 


ical 

sura 

tain( 

from 

^Pp/i 
shall 

Presei 
sha/J  J 
ceed. 

CO] 

amined 

'or  adn 

previous 

period   c 

^^^  fornj 

***'o  witn 

^'  in    th 
davit  ixi 

•"'°  served! 
*^^"  not  b] 
service  as 
'^^^   inciJ 

^  -ADtJjl 
''"•^  survJ 
^'^'ng.  in  \ 

T^^  be  aitj 

''*^«  to  xhA 

probation   t\ 

''^^  upon  / 

,  '""'^  father  ' 

,>^y  has' 

r '''  ^'  9:,  p] 


DOMINION  LANDS. 


«cal   trigonometry  as  far  «»  *u  "5 

Applicam,  for  such      "S^^.P  TO  SECRETARY     <! 
shall  give  notic-  ,f.,,   "'"'"""'■•.  Previously  , Ik  •      ^"-  "S" 
P-.n.    ,h.J,Xs  tr'T'"^  °'  '"«  """d  of  ?h:t*/"'"«'' 
shall  instruct  them  as  t/r"""'"""'-    '"•««upo„    ,i'         L*  •" 

"co;'/-  '•  •"•  -    """"  ■"  "■"**'"-».  pJ: 

P^nod  of  three  ^^"'""^^  «"'!  faithfuHy  tr  '  "f'*''  *^*  ^^ 
the  iormN  t"T"'T'  y^^'^'  under  art  ^[  '"^  ^"""»  '^e 
two  witness;,  '  *^^***»^«^  to  this  Act    H  ^        '"   '"''''''«'   '« 

<^«vit  in  the  form  P  ^u'   ^*^*'   *°«ether   with   h'       ^  ^°''"' 

"0  served-  or  Tf^  '  '°  *^*  schedule  to  th.«  a  ^  °^"  ^ffi" 
"n  not  be  n'  i  '/^'"'^  «°^^  «nd  va,?d  re.  ''  '^"'  ^*  ^^ 
«^rvice  as  trl""''^'  "«^«««  he  product  ITu"  '""^  ^^^^vits 
«halJ    ncTude   at  ?''   ''^"^'^«--   and   such   thr/"'"""  °^  ^h« 

-- ^^  "vi:t-^^^^^  ~' ttX --  -x 

AN  aS^'^II  ^''    ^^^^  N  WHEN    THP  nr 
'-^    surveyor  is  'a"  the  r^'^"^^-  ^^e  p'^pj^f /J^^^L   IS 
*^"ting,  in  comnK  *""«  ^^  his    enterW    •  f       ^^^niinion 

^'^"se''a  pers^f:"^  ^^'th  the  provisi~^^  "'*'*'^*«    ^"^ 

^^y  be  altered  to      '^«tyone  years  o?  a^e    th  "^^' /'^"d'ng 

I  P-bation  the  ,„^'',  °'  °*^^'  P^^^o^  by  wL!"'  '°  '""^^  «»  '- 
take  UDon  M    ^  «^'^   *"^^"   into  article,    k         *'°"'*"^  «nd  ap. 

money  hfl=  u  '  Person,  by  statinnr  1  ^  imposed  on 

I    TRANSFER    OF    A    PUPIL      s. 

■5  ^     ^'"^    '»«•    Any    D„„lufo„ 


if;  I 

1    '"I 


NORTHWEST  TERRITORV. 


^  >ORT»»  ".  ^.^._^^   ^^^„^,„    . 

-»'  ""'  o'dtrXe     «tvi»  o.  both  •"7='- J  fu'ch  evi. 

r%rv'  ^-  -  ••  Z    TEKM    WITH    ANOTHER    S^R. 
COMPLETION     OB     TERM._^i„„  u«d  f-'fpup     -^ 
xTVVOR     Sec.   107.    1*   *"y      .    .    --   dismissed,    ms   P"^'        . 
r^7.f  Canada,  or  ^-^^^^^Is  a.oresaid.  «i*  an,  oth« 

'CS:«''i:«"'»-vt    .e  -.  ^  -  •-•XRANSMITTED 
TO  SECRETARV.    S- ^*  .^^.„  three  mon*s^<>'^  the  d^  ^^^ 

and  keep  the  sam  ^MISSIONED 


u        the  same  witn  mc  i*-^ — 

VISO:     BOARD    TO    JU  PROVINCE.       PR       ^^^ 

0"^"/KcfpROCITY   AS  TO   SUCH    ADMISSIO^  ^^  ^, 
FOR    RECTPRU^"^        subsequently  *<>  *''*„°      t„o,   was  »' 
.„.    Every    -»''°j''°Lht  hundred  «»"i ,  """"//commUsio". 
rpril.  °«  r""Sfi.d  by  certificate.  •»'']»■»»•  "h"    in  ord« 
becomes  '!«'>'  *>^"^^;';  province  ol  Canada,  »»*  «^»iaes  .0  a 
to  survey  lands    n  any  P        ^^^^^  ^       „  "^Ws  Act.  and  h« 
to  become  ^.^-^  f .^  term  prescribed  by  *  »  Act^      elaus« 
surveyor.  «""'".  "i'^in  the  ™»iects  prescnW  by        ^^^ 

-"".'   lerrrr  and  on.  --^[tctUvt:.  shall  b. 

one  hundred  ana  aminers  of  sucn  y  jurveyo' 

Aot.  before  the  board  ol  ^   Do^.'Tother  than  «!* 

entitled  to  »"«»  *  com  exammat.on  otbe'  ^^^ 

-"•°":  totf  s^sum  :?  survey  oi  Dom.-n  lands.J  ^^^  ^ 
r^t^t^oard  o.  E«m.n«y  ,„,  ,  such  P«> 

fications  required  of  a  su  .  j 


DOMINION  LANDS. 


land  .urveyo,  i,  ,,„,.j_  .,  ^   '«h    comm.„io„   „    d„„,.„  « 

*"  «f  Precated  the  priWI„'  J'  .k        *°  ""'  ""h  Province 
Dominion   land   .urveyor,  Tn   .1  -^  *""'«''•  ^X  «i»niin,  t» 

KnowledK.  of  the  .urv"  y  ""^  '°"-  ««P'  *ith  r..p„T  ,o  , 
■ficatea  o,  con.mi«iion,    „  .h°    ""='"  P"'''°«.  diplomas    L! 
"""•*'"'■"  ••.chprovrn;."«v"cV  be,  a.  .„„.y:;.": 
SURVEYORS     TM  '  ••'*?»«. 

?Im  ^J«^''  CANADA^MAY  ni^frT'^     DOMINIONS 
TAIN  CONDITIONS     S~    ,        ^^  ADMITTED  ON  CEH 

'he  fatirfacion  of  .he  boartof  1      ^""^  '*'«'»  ""o  .how.   f " 
'o;m  O.  in  the  schedule  to   *  .^^'"'n'on  land  surveyor  in  th^ 


828 


NORTHWEST  TERRITORY. 


land  surveyor  (at  least  six  months  of  which  service  has  been 
in  the  field),  on  producing  the  affidavit  required  by  the  next 
preceding  clause  as  to  such  service;  but  it  shall  rest  with  the 
board  to  decide  whether  the  course  of  instruction  in  such  col- 
lege or  university  is  that  required  by  this  clause.  49  V.,  c.  Tfj^ 
£.  15,  part. 

NOTICE  TO  SECRETARY.— FEE.  Sec.  112.  Every  person 
who  desires  to  be  examined  before  the  board  shall  give  due  no- 
tice thereof  in  writing  to  the  secretary  at  least  one  month  pre- 
vious t6  the  meeting  of  the  board,  and  shall,  with  such  notice, 
transmit  the  fee  hereinafter  prescribed.    46  V.,  c.  17,  s.  98. 

EXAMINATION  FOR  ADMISSION  AS  SURVEYOR.- 
IN  MATHEMATICS.  —  IN  PRACTICAL  ASTRONOMY. 
Sec.  113.  No  person  shall,  unless  he  is  therto  entitled  under  any 
other  clause  of  this  Act,  receive  a  commission  from  the  board 
authorizing  him  to  practice  as  a  Dominion  land  surveyor,  un- 
less he  has  complied  with  the  foregoing  provisions  of  this  Act, 
nor  until  he  has  attained  the  full  age  of  twenty-one  years  and 
has  passed  a  satisfactory  examination  before  the  board  or  be- 
fore a  member  thereof  as  hereinbefore  provided  on  the  follow- 
ing subjects,  that  is  to  say:  plane  and  solid  geometry;  spherical 
trigonometry,  so  far  as  it  includes  solution  of  triangles;  the  us**, 
■of  logarithr's;  meast^rement  of  areas,  including  their  calcula- 
tion by  latitude  and  departure,  and  the  dividing  or  laying  off 
land;  a  knowledge  of  the  elements  of  practical  astronomy,  and 
«ihe  solution  of  the  following  elementary   problems: — 

(a.)  To  ascertain  the  latitude  of  a  place  fr^m  the  observation 
cf  a  meridian  altitude  of  the  sun  or  of  a  star; 

(b.)  To  obtain  the  local  time  and  the  azimuth  from  an  ob- 
served altitude  of  the  sun  or  a  star; 

(c.)  From  an  observed  azimuth  cf  a  circumpolar  star,  when 
at  its  greatest  elongation  from  the  meridian,  to  ascertain  the 
direction  of  the  latter: 

SURVEYING  OPERATIONS  AND  USE  OF  INSTRU- 
MENTS.—SYSTEM  OF  DOMINION  SURVEYS.  He  shall 
be  practically  familiar  with  surveying  operations  and  capable 
of  intelligently  reporting  thereon,  and  be  conversant  with  the 
keeping  of  field  notes,  their  plotting  and  represen'^ation  oDi 
plans  of  survey,  in  a  style  of  draughtsmanship  satisfactory  to 
the   board,   the  describing   of  land   by   metes   and   bounds  for 


f 

TIC 

oath, 

amin 

to  Xxi^ 

SU 

SIOJV^ 

passes 

son  wi 

hundre, 

t^e  boi 

f^'s  Ad 

faction 
'housan< 

^onditioJ 
""^  his  oi 

0«€    of    tl 

hereby 
before  ti 

"I,       , 
''  *^e  ca 
°^  a  Dor 
*'^^ction 
.*•  ^nti] 

effect; 

.    ^-  '^he  , 
'^^  'n  the 

reposes  bJ 


r>OMlNlOj^  LANDS. 


title,  and  with  the  ari-     .^  '  ^^0 

EXAMINATION    aiav    ^r,  ^^'  ^-  '^' 

aminers.-as  to  hi      ^  ^  administered   by  anv      ""^"^i'^^^e   <>« 

i"«.-     '  ~"'  °'  "'"««"«,  and  a:t.h  rV/f'T  '"' 
"I  '"  *ne  form  follow- 


'  f*  T  (1 1 


m'-'t 


''''^r-f' 


wih  ' 


I'R 


NORTHWEST  ^^^^gj  „, 

*'°  .   „„.    and  sh»»'  '""f     ,  i,*  condition 

A.  .ame  provisions,  an"  ^  ^^  oi  any  « 

•jeA  w  lh«  «•"     'stains  damage  oy 

any  I*""-  *^°  .  .„ed  in  *.  offi«  »«  *' 

^^%^  commission  sh^t  *>'  T"t  s.  ».,-^  V..  c.  a,. 

OF  CTUD^-  ^°-  "l^o"c'P'"""''*„cd  alto  his  knowl- 
^f,  previously  ^7"  **'U!  may  "«  ««»■«*  ^  ^er  branches 
^    And  twelve  of  this  Ac  .  ^^^^  to  the  n  8      ,(otmance 

trr^  *'  *°"°^^*inf  h  ™  ««  ^*t'°:i*»  *e':ompetence 
•<  s-rveying.  <l"f*'''''"5v  this  Act  to  be  «'*'"  „!  extensive 
t'  the  duties  ^-^s  JeVorsN  «or  the  V«    '7,.o^aphic  ex- 

«'  ^^^'n/CgrapOic  survey,  or 

""''taon  tblt  is  to  say:- 

''"[o"  Algebra;  ,  trigonometry;  j^t,  straight 

,h\  Plane  and  »P*""^'  ,.  geometry  ot  tM  v  abates; 

^c:^  The  P'a««."rtTthet»nsfor««;-»^:'  termination 

o'-?ts^i::-V""fb^sTa,lor-sandMc.ur.. 
"%"  DisVential  c»'t:S^,n;;«catio«-.  .  ^    „,  observing  .he 

*'J.>  The  theory  oith^,^i  ^^'r'Ui^al  astronomy  «Wch  | 
.„  "Le  delineation  ot  spn  ^,  P»et»^f'  *    mon  ot  po'»» 

'"  t\  The  portion  ?' ^;„'„,  ,v,e  geographic  P0"t      ^^^         , 
,  .'    .o  the  determination  o  jo„s  ol  lines  binlolB 

direct  and  indirect  determination  ■ 

tions  of  condition  and  ^,  ^„„„  i„>B 

the  »-»"":;,  of  til.  Dominion  landsj^  ^^^,.„,  ,,a  ^1 
O-:!  T"' *rI.Lin.  blocks_  and  ,»"*       .u^yer.; 


of    '  ^"^  *» 

()-■■  ■ 
■Tif.p'net 
s.  i8. 


direct   »»«      ;.^-^-   and  the   qcv.—  - 

tions  of  condition  and  ^^  ^  i„.| 

the  »-»"":;,  of  til.  DO-"'-  't:tX  outU-^  ana  ^1 


l- 

JS 

ce 
,ce 
ivc 
ex- 


ates; 
ation 
plane 


lUt^n 


,'s 


ig 


tbe 
eartWs 

longi- 
had  to 


Lts 


used 


DOMINION  LANDS. 


831 


|y     VVlVlC^ 

k£  poitvt* 
^e  same't 

p\c  eci^»'|| 
5ab\e  a^^" 

irvey,  ^^'} 


(fc.)  The  theory  and  use  of  the  instruments  used  in  connec* 
tion  with  the  foregoing,  and  also  of  the  ordinary  meteorologii- 
cal  instruments; 

(I.)  Elementary  mineralogy  and  geolog^y,  so  far  as  respects 
a  knowledge  of  the  more  common  characters  by  which  the 
mineral  bodies  that  enter  larc^ly  into  the  composition  of  rocks 
are  distinguished,  with  their  general  properties  and  conditions 
of  occurrence;  the  ores  of  the  common  metals  and  the  classifi- 
cation of  rocks;  and  the  geology  of  North  America,  so  far  as 
to  be  able  to  give  an  intelligent  outline  of  the  leading  geologi- 
cal features  of  Canada; 

(m.)  Methods  of  trigonometrical  leveling,  of  measurement 
of  heights  by  barometer  or  by  the  temperature  of  boiling  water, 
and  the  use  of  the  pendulum  in  determining  the  compression 
of    ■  •»  earth; 

The  instruments  and  methods  used  in  determining  the 
Tiarnetlc  declination,  inclination  and  intensity.  49  V.,  c.  27, 
8.  t8. 

PESIGNATION  OF  THOSE  PASSING  SUCH  EXAMI- 
NATION.  Sec.  117.  Persons  who  pass  the  above-mentioned 
examination  in  the  higher  branches  of  surveying  shall  receive  a 
certificate  to  that  effect  from  the  board,  and  shall  be  designated 
Dominion  topographical  surveyors.    46  V.,  c.   17,   s.   103. 

TARIFF  OF  FEES.  118.  The  following  fees  shall  be  paid 
under  the  provisions  of  this  Act: — 

(a.)  To  the  secretary  of  the  boaid,  by  each  pupil,  on  giving 
notice  of  hi?  ritsire  for  examination  preliminary  to  being  ar- 
ticled one  '1  ■V'^r', 

(h.)  IV  ;  ?  3t"retary  of  the  board,  as  the  fee  due  on  such 
examination,  ti  1  dollars,  and  a  further  sum  of  two  dollars  for 
the  certificate; 

(^)  To  the  secretary  of  the  board,  by  each  pupil,  at  the  time 
of  transmiting  to  such  secretary  the  indentures  or  articles  of 
such  pupil,  two  dollars; 

(d.)   To  the   secretary  of  the   board,   by   each   candidate  for 
\''ither  the  ordinary   or   the   higher   examination   for   a   commis- 
lon.  with  his  notice  thereof,  two  dollars; 

(c.)  To  tL»c  secretary  of  the  board,  by  each  applicant  obtain- 
ing a  coina  -nlcn,  as  his  fee  thereon,  two  dollars; 

(/.)  To  iVe  secretary  of  the  board,  as  an  admission  fee  by 


m 


m 

m 

su-,S 


232 


NORTHWEST  TERRITORY. 


any  candidate  receiving  a  commission,  twenty  dollars, — but 
such  amount,  as  also  the  ten  dollars  required  to  be  paid  under 
sub-clause  (b)  of  this  clause,  shall  be  paid  to  the  Minister  of 
Finance  and  Receiver-General  to  the  credit  of  Dominion  lands; 

(if.)  To  the  secretary  of  the  board,  by  each  applicant  who 
obtains  a  commission  as  Dominion  topographical  surveyor,  as 
his  fee  thereon,  two  dollars; 

(h.)  To  the  secretary  of  the  board,  for  testing  a  surveyor's 
standard  of  length,  two  dollars.  46  V.,  c.  17,  8.  104;— 49  V.,  c. 
27,  s.  19. 

ALLOWANCES  TO  MEMBERS  OF  THE  BOARD.  Sec 
no.  Every  member  of  tl  '^  3-d  who  attends  at  the  meetings 
thereof,  and  the  secretary  a.  ery  member  who  holds  an  ex> 

amination  as  provided  by  clau  one  hundred  and  one,  shall  re- 
ceive five  dollars  for  each  day's  sitting,  and  the  actual  traveling 
and  living  expenses  incurred  by  such  member,  and  consequent 
upon  such  attendance — and  the  Minister  shall  pay  such  sums; 
but  no  member  of  the  board,  if  he  has  to  travel  more  than  one 
hundred  miles  in  order  to  be  present  at  the  meeting,  shall  re- 
receive  any  allowance  for  ^raveling  expenses  for  attending  such 
meeting,  unless  such  member  was  previously  specially  notified 
to  attend  the  same  by  the  secretary.    49  V.,  c.  27,  s.  20,  part. 

BOARD  MAY  SUSPEND  OR  DISMISS  NEGLIGENT 
OR  CORRUPT  SURVEYOR.  Sec.  120.  The  board  may,  in  its 
discretion,  suspend  or  dismiss  from  the  practice  of  his  profes- 
sion, any  Dominion  land  or  topographical  surveyor  whom  it 
finds  guilty  of  gross  negligence  or  corruption  in  the  execution 
of  the  dutieo  of  his  office;  but  the  board  shall  not  suspend  or 
dismiss  sach  surveyor  without  having  previously  summoned 
him  to  appear  in  order  to  be  heard  in  his  defense,  nor  without 
having  heard  the  evidence  offered  both  in  support  of  the  com- 
plaint and  on  behalf  of  such  surveyor;  and  if,  after  being  sum- 
moned as  aforesaid,  the  surveyor  does  not  appear,  the  board 
may  appoint  a  fit  and  proper  person  to  present  the  evidence  on 
behalf  of  the  surveyor.    49  V.,  c.  28,  s.  20,  part. 

SURVEYORS  TO  ADD  TO  THEIR  RETURNS  OF  SUR- 
VEY AN  AFFIDAVIT  OF  THE  FAITHFUL  AND  COR- 
RECT EXECUTION  THEREOF.  Sec.  121.  The  Surveyor- 
General  shall  require  every  Dominion  land  or  topographical  sur- 
veyor, in  addition  to  the  oath  by  this  Act  required  to  be  ad- 


tali 

tioi 

sail 

law 

Prov 

juris 

been 

the  i 

a  suii 

such  i 

by  su( 

tuted. 

SVl 
NOTE, 
minion 
and  fieJ, 
fiie  then 
perform* 
cerned,  . 
paid  fhei 
words  th 
°'  ivords] 
cents  adc 
hundred 

ALLol 

moned  tol 
*'V'ng  evil 
aWowed  fif 

,  ^'^  '•easor 
paid  in  tl 
I'nent  of 


r  conjniei 
""nation 


DOMINION  LANDS. 


233, 


ministered  to  him  on  receiving  his  commission  as  such,  to 
take  and  subscribe  an  oath,  or  make  and  subscribe  an  affirma* 
tion,  on  the  return  of  his  surveys  of  Dominion  lands,  that  the 
same  have  been  faithfully  and  correctly  executed  according  to 
law  and  the  instructions  of  the  Surveyor-General;  and  if  it  is 
proved,  on  satisfactory  evidence,  before  any  court  of  competent 
jurisdiction,  that  such  surveys,  or  any  part  thereof,  have  not 
been  so  executed,  the  Attorney-General  of  Canada  shall,  upon 
the  application  of  the  Surveyor-General,  immediately  institute 
a  suit  upon  the  bond  of  such  surveyor;  and  the  institution  of 
such  suit  shall  operate  as  a  lien  on  any  property  owned  or  held 
by  such  surveyor,  or  his  sureties,  at  the  time  the  suit  is  insti- 
tuted.    46  v.,  c.   17,  s.  107,  part. 

SURVEYORS  TO  KEEP  JOURNALS  AND  FIELD 
NOTES  AND  TO  FURNISH  COPIES.  Sec.  122.  Every  Do- 
minion land  surveyor  shall  keep  exact  and  regular  journals- 
and  field  notes  of  all  his  surveys  of  Dominion  lands,  and  shall 
file  them  in  the  order  of  time  in  which  the  surveys  have  beea 
performed,  and  he  shall  give  copies  thereof  to  all  persons  con- 
cerned, when  required  to  do  so;  and  for  so  doing  he  shall  be 
paid  the  sum  of  one  dollar  for  each  copy,  if  the  number  of 
words  therein  does  not  exceed  four  hundred — but  if  the  number 
of  words  therein  exceeds  four  hundred,  he  shall  be  paid  tea 
cents  additional  for  every  hundred  words  over  and  above  four 
hundred  words.    46  V.,  c.   17,  s.   123. 

ALLOWANCE  TO  SURVEYOR  FOR  ATTENDANCE  AS 

WITNESS.  Sec.  123.  Every  Dominion  land  surveyor  sum- 
moned to  attend  any  court,  civil  or  criminal,  for  the  purpose  of 
giving  evidence  in  his  professional  capacity  as  surveyor,  shall  be 
allowed  five  dollars  for  each  day  he  so  attends,  in  addition  to 
his  reasonable  traveling  and  living  expenses,  to  be  taxed  and 
paid  in  the  manner  by  law  provided,  with  regard  to  the  pay- 
ment of  witnesses  attending   such   court.    46  V.,   c.    17,   s.    124. 


H 


ill 


CHAIN  BEARERS. 

CHAIN  BEARER  TO  BE  SWORN.    Sec.  124.    Every  chain 

[bearer  employed  in  the  survey  of  Dominion  lands  shall,  before 

I'le  commences  his  chaining  or  measuring,  take  an  oath  or  af> 

^rmation  that  he  will  discharge  such  duty  with  exactness,  ac> 


'   ^1 


VORTHWEST  TERRITORY. 


'''    .       .     .h.  best  o.  his  iud.n..«t  ^^^^^^"^"^''^ 
rfacc  -fo'S.  chaining":  »--"•.:»*-  Po«inio„ 

Xon.  h.  h«  b«-  «PP„°-^r:uch  o.th  «  affi.«at,on.    ^  V.. 

land  surveyor  may  »« 

.c.  17,  s.  io8  ^^^________ 

STANDARD  OF  ^JA^^^^  ^^^c,„. 

Dominion  land  swvc>  .^.  ^    standard,  testea 

^'""it:rt"Cn-:t  o/i«-a  f-u.  .ba«^b^„. 

"  ^r/  to    him    by  the    secretary  of    the  ,^^^ 

"I  .lee  of  eight  dollars  therefor-  and jU  u     ^^^.^^_  ^^      „ 

:  y^orfshtll.  front  time  -''-iranr  other  i.«tr-e^^^^^ 

.tandard,  the  length  "'  ""^^^^.^a   measure   shall   be  ret 

measuring-,   and  ^^'^^J^  ,,  often  as  it  reqmres  to 

♦o  the  secretary  of  the  bo  STANDARD. 

•«""J«^iTY    OF  SURVEYOR    WlTHOm  ^.^^_,„, 

PENALTY    or    .:>  performmg  his   o"  ^^j 

s  r;:Xsr  or  r  — t^5^;.r^^^^^ 

tTp-iol  re«eeang%«lve  months.     .  V..  c. 

.     OF   LOST   ZZ^S  AND    OBLITERATED 
RENEWAL   OF   LOSl        ^^^^^ 

„enf,  but  i'/^/^'^nrted  a.  follows:- 

«o  ascertamcd.  he  «»»»"  i*  .       ' 


every 
idiary 

,e  iur- 

id  sur- 

,y    SUCU 

jnts  tor 
returned 
,e  tested 


DOMINION  LANDS. 


ass 


(a.)  If  the  lost  comer  mound,  post  or  monument  is  that 
of  a  township  comer,  he  shall  report  the  circumstances  of  the 
case  to  the  Surveyor-Gcneral,  who  shall  instruct  him  how  to 
proceed ; 

(h.)  If  the  lost  corner  mouiid,  post  or  monument  is  on  one 
of  the  outlines  of  a  township,  he  shall  join,  by  a  straight  line, 
<the  nearest  undisputed  section  or  quarter*section  corners  on 
such  outline,  and  divide  such  straight  line  in  such  number  of 
sections  or  quarter-sections  or  other  legal  subdivisions  as  the 
■same  contained  in  the  original  survey, — giving  to  each  an  equal 
fcreadth ; 

(c.)  If,  in  re-establishing  the  east  or  west  boundary  of  a 
township,  one  of  the  nearest  undisputed  comers  is  on  a  correc- 
tion  line,  every  quarter-section  shall  be  made  exactly  forty 
chains,  and  the  deficiency  or  surplus,  as  the  case  may  be,  shall 
be  left  in  the  quarter-section  adjoining  the  correction  line; 

(d.)  If  in  re-establishing  the  north  or  south  boundary  of  a 
township  surveyed  under  the  first  system  of  survey,  one  of  the 
nearest  undisputed  corners  is  the  western  corner  of  the  town- 
ship, every  quarter-section  shall  be  made  exactly  forty  chains, 
and  the  deftciency  or  surplus,  as  the  case  may  be,  shall  be  left 
in  the  western  quarter-section; 

(p.)  When  the  position  of  the  township  corner  is  also  lost, 
it  shall  be  re-established  as  aforesaid,  previously  to  re-establish- 
ing the  outline  of  the  township;  » 

if.)  ^^'hen  the  lost  corner  is  in  the  interior  of  a  township, 
on  the  limit  of  a  meridian  road  allowance,  the  surveyor  shall 
connect  the  two  nearest  undisputed  corners  on  such  limit  by  a 
straight  line,  and  divide  the  distance  into  such  number  of  sec- 
tions or  other  legal  subdivisions  as  the  same  contained  in  the 
original  survey,  giving  to  each  an  equal  breadth; 

(q.)  If  one  of  the  nearest  undisputed  corners  is  on  a  cor- 
rection line,  he  shall  make  each  quarter-section  exactly  forty 
chains  and  leave  the  deficiency  or  surplus,  as  the  case  may  be, 
in  the  quarter-section  adjoining  the  correction  line. 

(ft.)   When  the  ntarest  undisputed  corners  on  the  said  limit 
I  of  a   meridian  road    allowance   are    in   different   townships,   the 
outline  between  such  townships  shall  be  re-establi  hed  previous 
[to  reestablishing  the   meridian; 

(i.)  When  the  lost  corner  is  that  of  a  quarter-section  on  a 
[Sine  running  east  and  west,  the  surveyor  shall  join,  by  a  straight 


■■-^ 


!?1 


II 


4 


KORTHVVEST  -rEKKITOBV. 

tUa    mei 


^  ^O'^™^^"^'    \\„   .,e   „e.alans   on   each 

and  the  ^^^^''^"^^^rter-scction;  ^    ^    ^^^^^^g  on  the  mend- 

^    T.KOCEEDNG    IN     ''T.VheR    LEGAL 

METHOD    0^^/t^^%\cTION     OR  ^OTHER  ^^^^,  ^^^. 

HALF     OR    Qr^J^^    .„     When,  m  the  surv  >  ^^  es- 

SUBDIVISION.    Sc^*'^^^  ,  X)ominion  land  su  vey  ^^^  ^^^^^ 

divisions,  it  «  n«<^««^f^  between  two  sections,   n  ^^^ 

the  next  P'^f  ^^^^^  equal  breadth.  ,  ^  haH- 

section  or  a  quarter  ^^^es.  .   «    out     other     and 

ter-section  PO^J^^vlsiONS.    3-    I-   \^^^"/,ery  such  subdi^' 

OTHER   SUBDI\  1^^  i  g^^e  to  ^^^^^  \.^,  breadth. 

„.inor  legal  subdjvj^^^^^^^^^  ^^  ^'^"^'^^f/by  aSght  line. 
sion  its  P'«P°J**°^^lui«g  terminal  P^^^^^  ^S     4-    The  line* 
Ind  connect  t^-;^'^^?^^   ^^  -^KUE  LlMlTS.^^^  ^^^^^ 

LINES  ^*^^^^\„  the  ground  m  *»«  ""__  ^ines  or  l^*' 
«"  «"'".•?,  TX.  «>*««'«  =""•  'th*'   eg"     -bdWisio.. 


*.- 


DOMINION  LANDS. 


m 


to  es- 
eftect 

ectinft 
uartet- 


:e 


ler 


an* 
breadth' 

,;he  li»«* 
bove  pte- 

Ss  or  ^itn- 
ibdivisiott' 


whether  the  same  correspond  or  do  not  correspond  with  the 
area  expressed  in  the  respective  patents  for  such  lands.  46  V., 
C.    I7t  s.   zix. 


DIVISION    LINES    IN   FRACTIONAL   SECTIONS. 

DIVIDING  LINES  TO  BE  DRAWN  FROM  ORIGINAL 
CORNERS.  Sec.  128.  The  dividing  lines  or  limits  between 
legal  subdivisions,  in  fractional  sections,  shall  be  drawn  from 
the  original  corners  (or  the  points  representing  such  corners, 
as  defined  on  the  ground,  in  accordance  with  the  provisions 
of  this  Act),  in  the  section  line  intended  as  the  front  of  the  lot. 

NORTHERLY  AND  SOUTHERLY  LINES.  2.  North- 
erly or  southerly  lines  shall  be  drawn  due  north  or  due  south. 

EASTERLY  AND  WESTERLY  LINES.  3.  Easterly  or 
westerly  lines  shall  be  drawn  at  angle  with  the  meridian  equal 
to  the  mean  of  the  angles  formed  with  the  same  meridian  by 
the  lines  which  are  the  northern  and  the  southern  boundaries 
respectively  of  the  section.    46  V.,  c.   17,  s.   zia. 


ORIGINAL  BOUNDARY  LINES. 

BOUNDARIES  UNDER  THIS  ACT  ARE  TO  BE 
DEEMED  THE  TRUE  ONES.  Sec.  129.  AH  boundary 
lines  of  townships,  sections  or  legal  subdivisions,  towns  or  vil- 
lages, and  all  boundary  lines  of  blocks,  gores,  and  com- 
mons,  all  section  lines  and  governing  points,  all  limits  of  lots 
surveyed,  as  defined  by  mounds,  posts  or  monuments,  erected, 
placed  or  planted  at  the  angles  of  any  townships,  towns,  vil- 
lages, sections  or  other  legal  subdivisions,  blocks,  gores,  com- 
mons and  lots  or  parcels  of  land  under  the  authority  of  this 
Act  or  of  the  Governor  in  Council,  shall,  subject  to  the  provi- 
sions hereinafter  in  this  clause  contained,  be  the  true  and  un- 
alterable boundaries  of  such  townships,  towns  and  villages,  sec- 
tions or  other  legal  subdivisions,  blocks,  gores,  commons  and 
lots  or  parcels  of  land,  respectively,  whether  the  same,  upon 
admeasurement,  are  or  are  not  found  to  contain  the  exact  area 
or  dimensions  mentioned  or  expressed  in  any  patent,  grant  or 
I  other  instrument  in  respect  of  any  such  township,  town,  vil- 
lage, section  or  other  legal  subdivision,  block,  gore,  common, 
[lot  or  parcel  of  land. 


lif'l 


li  i;i 


I'l 


« 


»3S 


NORTHWEST  TERRITORY. 


TOWNSHIP  SURVEY  MAY  BE  CANCELED,  a. 
Whenever  the  Minister  of  the  Interior  has  reason  to  believe 
that  any  gross  irregularity  or  error  has  been  made  in  the  sur- 
vey of  any  township  surveyed  under  the  authority  of  this  Act» 
the  Governor  in  Council,  upon  the  recommendation  of  the 
Minister  of  the  Interior,  may  direct  that  such  survey  shall  be 
canceled  and  a  new  survey  made,  and  the  said  new  survey 
shall  be  made  accordingly. 

BOUNDARY  MARKS  IN  SUCH  CASE.  3.  In  effecting 
any  new  survey  as  provided  by  the  precedin$f  sub-clause,  all 
posts,  mounds  or  other  marks  placed  to  mark  the  original  sur- 
vey which  is  to  be^  corrected,  may  be  removed,  and  the  new 
posts,  mounds  or  other  marks  placed  to  mark  and  define  the 
new  survey  shall  become  the  original  marks  of  such  survey. 

AMENDMENT  OF  PLANS.  4.  The  plan  of  any  survey 
performed  under  the  provisions  of  this  Act,  and  of  record  in 
the  Department  of  the  Interior,  or  any  tracing  or  lithographed 
copy  of  the  same,  may  be  altered  and  amended  .so  as  to  show 
any  and  all  alterations  made  by  a  new  survey  effected  as  pro- 
vided by  this  Act.    5a  V.,  c.  27,  s.  7. 

TOWNSHIP  AND  OTHER  LEGAL  SUB-DIVISIONS 
TO  COMPRISE  ALL  THE  SPACE  WITHIN  THEIR 
BOUNDARIES.  Sec.  130.  Every  township,  section  or  other 
legal  subdivision,  town,  village,  block,  gore,  common,  lot  or 
parcel  of  land,  shall  consist  of  the  whole  width  included  be- 
tween the  several  mounds,  posts,  monuments  or  boundaries, 
respectively,  so  erected,  marked,  placed  or  planted  a^  aforesaid, 
at  the  several  angles  thereof,  and  no  more  or  less— any  quan- 
tity or  measure  expressed  in  the  original  grsttit  or  patent  there- 
of notwithstanding.    46  V.,  c.   17,  s.  114. 

AS  TO  ALIQUOT  PARTS  OF  TOWNSHIPS,  &c.-Sec. 
131.  Every  patent,  grant  or  instrument  purporting  to  be  for 
any  ^aliquot  part  of  any  section,  or  other  legal  subdivision, 
block,  gore,  common,  lot  or  parcel  of  land,  shall  be  construed 
to  be  a  grant  of  such  aliquot  part  of  the  quantity  the  same  con- 
tains on  the  ground,  whether  such  quantity  is  more  or  less 
than  that  expressed  in  such  patent,  grant  or  instrument.  46  ^^" 
c.  17,  s.  115. 

ROAD  ALLOWANCES  IN  TOWNS,   &c.,  TO   BE  PUB- 
LIC   HIGHWAYS.    Sec.    132.    In    every   town   and   village  in 


SUR 

OATH. 

ihat  cap, 

aii  matte 

«'  i^omi 

*^certainj 

tion  or  < 

amines  ij, 
How 

MAY  Bd 

surveyor  i 

'"y  townsi 
'0  survey 

»nit.  or  0/ 

^^^  true  PC 

*''«on  doe* 

'"'^eyor,  oi 

,  P^^«  or  doci 

r''  tecu« 
r  ^y  an 


if 


DOMINION  LANDS. 


Manitoba  or  the  Northw#.«f  t      •  '^9- 

f«  .h.  p"vi«.„,  :rxicf  sr.r'  """^•^  •"<»  ^'o »«.  u„. 

'■"•  '»'  »■•  common.  laid  out  ■'.?'""'  '■"•  "^  «>.d,  sir^ 

tru^  a«^  ,  ^*°'  street,  Jane  lof  «-  »*•»»««  or  define  any 
true  and  unalterable  boundar,V«  /  ,  °'  common,  shall  be  fh. 
common;  and  all   r.  """""^^^''^s  of  such  road,  street    u        ,      °* 

f rx": -i  s  ?"■■ -ti  rx= 

HOW    SURVEYOR«5    Qr!.!        1   ^'^  *'•  '7»  «•  "7- 

urvey,  .„d  ha,  «aso„   "b^^t.    ht      *""=*  ">'  "  «»>P'<'yed 


J40 


NORTHWEST  TERRITORY. 


', 


justice  of  the  peace,  of  the  facts  on  which  the  application  is 
founded;  and  such  justice  may  issue  a  subpoena  accordingly, 
commanding  such  person  to  appear  before  the  surveyor  at  a 
time  and  place  mentioned  in  the  subpoena,  and,  if  the  case  re- 
<iutres  it,  to  bring  with  him  any  writing,  plan  or  document 
mentioned  or  referred  to  therein. 

HOW  SERVED.  2.  Such  subpoena  shall  be  served  on  the 
person  named  therein  by  delivering  a  copy  thereof  to  him,  or 
by  leaving  the  rame  for  him  with  some  adult  person  of  his  fam- 
ily at  his  residence,  exhibiting  to  him  or  such  adult  person  the 
original. 

PENALTY  FOR  DISOBEYING  IT.  3.  If  the  person  re- 
quired  in  such  subpoena  to  appear,  after  being  paid  his  reason- 
able expenses,  or  having  the  same  tendered  to  him,  refuses  or 
neglects  to  appear  before  the  surveyor  at  the  place  and  time 
appointed  in  the  subpoena,  or  to  produce  the  writing,  plan  or 
document,  if  any,  therein  mentioned  or  referred  to,  or  to  give 
such  evidence  and  information  as  he  possesses  touching  the 
boundary  or  limit  in  Question,  a  warrant  by  the  justice  for  the 
arrest  of  such  person  may  be  issued,  and  he  shall  be  liable  to 
a  penalty  not  exceeding  one  hundred  dollars,  or  to  imprison- 
ment for  a  term  not  exceeding  ninety  days,  or  to  both,  in  the 
discretion  of  such  justice.    46  V.,  c.  17,  s.  118. 

EVIDENCE  TAKEN  BY  SURVEYOR  TO  BE  RE- 
DUCED TO  WRITING  AND  SIGNED.  Sec.  135.  AH  evi- 
dence taken  by  a  Dominion  land  surveyor,  as  aforesaid,  shall 
be  reduced  to  writing  and  shall  be  read  over  to  the  person, 
giving  the  same,  and  shall  b«  signed  by  such  person;  or  if  he 
cannot  write,  he  shall  acknowledge  the  same  as  correct  before 
two  witnesses,  who  shall  sign  the  same,  as  shall*  also  the  Do- 
minion land  surveyor;  and  such  evidence  shall,  and  any  docu- 
ment or  plan  prepared  and  sworn  to  as  correct  before  a  justice 
of  the  peace,  by  any  Dominion  land  surveyor,  with  reference  to 
any  survey  by  him  performed,  may  be  filed  and  kept  at  the 
registry  office  of  the  place  in  which  the  lands  to  which  the 
same  relate  are  situate,  subject  to  be  produced  thereafter  in 
evidence  in  court.    46  V.,  c.  17,  s.  119. 

POWER  TO  ENTER  UPON  PRIVATE  LANDS.  Sec 
136.  Any  Dominion  land  surveyor,  when  engaged  in  the  per 
formance  of  his  duties  as  such,  may  pass  over,  measure  alon^i 


6n 

or 

the 

to  1 


PI 
CHA 

any  p 

and  I 

as  a  s 

term  n 

<^f'the  , 

PEN 
LANu^ 

Jr 
survey  uJ 

°^  the  gJ 
aWe  to  h 

OTHER  , 
'*'''o.   knoJ 

dominion  1 
^'^  ^ny  tov 

^"'^dred  dj 
.''"  ^ontJ 

,,  AS  TO 
J'^.^  shall  ei 
derations, 
'"'t"  necesJ 


DOMIMON  LANDS. 
•nd    ascertain    the    bearing.      ,  »" 

»  •»    C.    17,    8.    j^ 

PEMALTV  Po     °''*"ENSES. 
CHARGE  OF  ms  Drn'/'tl'"''    SURVEYOR  in  dis 

40  v.,  c.  17,  s.  121.  '        *"*  discretion 

PF^ALTV    vr\ 

survey  undtr  .1,.       "f"™.  planted  or  olac.^  /        ^  ""><«id, 
of  th,  rV  '  provisions  0/  this  aZ  ""  ""y  original 

Other  mound  i     f  *^  "^^^'^^y*   defaces    alter,  '''^'^   P*"^" 

0- at  £f -"^^^^^^  ^ri  -.^~>«-;  a- 

tJiree  montho  'mprisonment  for  «   f-        ^''^^^^nff  one 

r«  necessary,  after  wl,ich  ,h..  1„  "*"    boundary  marks 
f""'^  were  b.,o„.    ^  vTd'l;!  j:\t_  ^X""'  '^•"»«  "- 


342 


NORTHWEST  TERRITORY. 

SCHEDULE. 
FORM  A. 

^°:  «*ovtt:STFAD  ENTRY. 
APPLICATION  FOR  A  HOMES^^^l-^^^^^^ 

7                             ,   of           ,      ^  oi  clause  38  ^^     ^^] 

t,  i.«tead  entry,  under  sub-clause  quarter-section  0! 

boroestead  entry.              ^^^  ^^^  q       township,  in 

Dominion  Lands  acv,               ^^  ^,^^  ^^ 

section  number                        '  of  the 

the  '*"^*  District. 

'^^^**'-  x8     .  ,    ,  by  O.  in  C.  of  29th 

,5  v.,  c.  .7.  sch.  form  A.  as  amended  by 

March,  1888.  

.   M.im  for  homestead  entry   by  a 
AFFIDAVIT   in  support  of   <^\^^^  '^^^^  homestead  entry. 

ifr «- .« no.  P«v-.,„°-x  --ro.tr-- 

,  l'    -vet  eighteen  ye«s  of  age;  that  »  t  ^pp,i„,ion 

U  m.d.  «  »'  **/^;  person  ««<»»T  'f  .hTs  appUdio- 
'"''^tieranrS.P'ovemen.s  thereon,  and^*^^^^^^^^ 

sons  whomsoever;  and  t  j  ;„„  ,ands.  j  , 

entryforabomeste'd™^,^;.  d,y  „I 

cbKribed  and  tworn  to. 
before  me.  (Signature.) 

Local  Agent. 


DOMINION  LANDS. 


a43 


that  I  am  over  eighteen  years  of  age;  that  to  the  best  of  my 
knowledpre  and  belief  the  land  in  respect  of  which  my  applica- 
lion  is  made  is  of  the  class  open  for  homestead  and  pre-emp- 
tion entry;  that  I  became  resident  upon  and  began  to  cultivate 
the  said  land  on  the  day  of 

i8  ,  before  the  same  was  surveyed;  that  I  have  resided  upon 
and  cultivated  the  said  land  continuously  ever  since ;  that  there 
is  to  other  person  residing  or  having  improvements  upon  it, 
and  >hat  this  application  is  made  for  my  exclusive  use  and 
benefit,  with  the  intention  of  residing  upon  and  cultivating  the 
siiid  land,  and  not  directly  or  indirectly  for  the  use  or  benefit 
of  any  other  person  or  persons  whomsoever;  and  that  I  have 
not  heretofore  obtained  an  entry  for  a  homestead  on  Dominion 
lands. 

Subscribed  and  sworn  to,  this  day  of  i8     , 

before  me. 

(Signature.) 
Local  Agent. 
46  Vic,  c.  17,  sch,  form  B. 


I 


i» 


FORM  C. 

AFFIDAVIT   in  support   of  claim   for   homestead   entry   by   a 

person  who  has  not  previously  settled  on  the  land. 

I,  A.  B.,  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 

that  I  am  over  eighteen  years  of  age;  that  to  the  best  of  my 

knowledse  and  belief  the  land  in  respect  of  which  my  applica- 

tion  is  made   of  the   class  open   for   homestead   and    pre-emp' 

tion  entry;  that  there  is  no  person  residing  on  the  said  land, 

nor  are  thsre  any  improvements  thereon,  and  that  this  applica- 

tion  is  made  for  my  exclusive  use  and  benefit,  with  the  i: 'sn- 

tion  of  residing  upon  and  cultivating  the   said   land,   and   not 

directly  or  indirectly  for  the  use  or  benefit  of  any  other   '/erson 

tor  persons   whomsoever;   and  that    I   have   not   heretofore   ob- 

[tained  an  entry  for  a   homestead   on   Dominion   lands. 

Subscribed  and  sworn  to,  this  day  of  18    , 

iMore  me 

(Signature.) 
Local  Agent. 
46  ^'.,  c.  >7,  sch.  form  C. 


i- 


>  r  i 


til 


m 


iH 


«44 


NORTHWEST  TERRITORY. 


FORM  D. 


AFFIDAVIT  in  support  of  a  claim  for  homestead  entry  by  a 
person  who  has   previously   obtained   and   has   forfeited,   his 
homestead  entry,  but  is  permitted  by  the  Minister  of  the  In- 
terior to  obtain  another  homestead  entry. 
I,  A.  6.,  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 
that  I  am  over  eighteen  years  of  age;  that  to  the  best  of  my 
knowledge  and  belief  the  land  in  respect  of  which  my  applica- 
tion is  made  is  of  the  class  open  for  homestead  and  pre-emp- 
tion entry;  that  there  is  no  person  residing  on  the  said  land, 
nor  are  there  any  improvements  thereon;  that  I  obtained  home- 
stead entry  on  the  day  of  i8    ,  for  the 
quarter-section                                 township 
range                    of  the                    meridian,  but  forfeited 
the  same;  that  by  order  of  the  Minister  of  the  Interior,  which 
I  now  produce,  I  have  been  permitted  to  make  application  for 
and  receive  another  homestead  entry,  and  that  this  application 
is  made  for  my  exclusive  use  and  beneBt,  with  the  intention  of 
residing   upon   and  cultivating   the   land   applied   for,   and   not 
directly  or  indirectly  for  the  use  or  benefit  of  any  other  person 
or  persons  whomsoever. 

Subscribed  and  sworn  to,  this  day  of  i8    , 

before  me. 

(Signature.) 
Local  Agent. 
46  v.,  c.  17,  sch.  form  D. 


FORM  D    I. 

AFFIDAVIT  in  support  of  a  claim  for  homestead  entry  by  a  1 
person   who   has   previously  obtained  a  recommendation  for] 
patent  for  a  homestead,  after  three  years'  residence  and  cul- 
tivation 

I,  A.  B.,  do  solemnly  swear  (or  afHrm,  as  the  case  may  bejl 
that  I  am  over  eighteen  years  of  age;  that  to  the  best  of  njl 
knowledge  and  belief  the  land  in  respect  of  which  my  applica-l 
tion  is  made  is  of  the  class  open  for  homestead  entry;  tbatj 
there  is  no  person  residing  upon  the  said  land,  nor  are  theftj 
any  improvements  thereon;  that  this  application  is  made  for| 
my  exclusive  right  and  benefit,  with  the  intention  of  residifl 
upon  and  cultivating  the  said  land,  and  not  directly  or  indir 


person 
years'  1 

mendati 

charged 

,  J.  A.  B 

l^'i  I  am 
*iowIedjfe 
^;°"  's  ma 
^''^'•e  is  no 
^"y  impro, 
'"y  exclusi 
"Pon  the  s 
,  ^^'^  this  an 

^.  Z : 

'"^  other  pj 
[range  ' 

bestead  fJ 
""niendaf 


DOMINION  LANDS. 


S4S 


ly,  for  the  use  or  benefit  of  any  other  person  or  persons  whom- 
soever; that  I  obtained  entry  for  the  quarter-section  of  section 

,  township  ,  range  ,  of  the 

meridian  as  a  homestead,  on  the  day  of  i8     , 

bemR  the  only  homestead  for  which  I  have  received  a  patent 
or  certificate  of  recommendation  for  patent,  that  I  resided 
upon  and  cultivated  the  same  for  three  years,  and  that  I,  had 
earned  title  to  my  said  homestead  on  or  before  the  second  day 
of  June,  1889,  certificate  of  which  fact,  signed  by  the  proper 
Agent  of  Dominion  lands  and  countersigned  by  the  Commis- 
sioner of  Dominion  lands,  I  now  produce. 

Subscribed  and  sworn  to,  this  day  of  18     , 

before  me. 

(Signature.) 
Local  Agent. 
Form  D  i— Vide  O.  C.  5th  July,  1890,  and  O.  C.  2sth  July, 
1895- 


FORM  D    a. 

AFFIDAVIT  in  support  of  a  claim  for  a  homestead  entry  by  a 
person  who  has  earned  title  to  a  homestead,  after  tbree 
years'  residence  and  cultivation,  but  cannot  obtain  a  recom- 
mendation for  patent  until  the  lien  on  his  homeste-^  '  is  di*« 
charged. 

I,  A.  B.,  do  solemnly  swear  (or  afHrm,  as  the  case  may  h**! 
that  I  am  over  eighteen  years  of  age;  that  to  the  best  of  my 
knowledge  and  belief  the  land  in  respect  of  which  my  applica- 
tion is  made  is  of  the  class  open  for  homestead  entry;  that 
there  is  no  person  residing  upon  the  said  land,  nor  are  there 
any  improvements  thereon;  that  this  application  is  made  for 
my  exclusive  use  and  benefit,  with  the  intention  of  residing 
upon  the  said  land,  nor  are  there  any  improvements  thereon; 
that  this  application  is  made  for  my  exclusive  use  and  benefit, 
with  the  intention  of  residing  upon  and-  cultivating  the  said 
land,  and  not,  directly  or  indirectly,  for  the  use  and  benefit  of 
I  any  other  person  or  persons  whomsoever;  that  i  obtained  entry 
jfor  the  quarter-section  of  section  ,  township  ^ 

[range  of  the  meridian  as  a  homestead,  on  the 

day  of  I  18    ,  being  the  only 

jhomestead  for  which  I  have  received  a  patent  or  certificate  of 
jrecommendation  for  patent,  that  I  resided  upon  and  cultivated 


t^V 


fii 


I  i' 


NORTHWEST  TERRITORY. 


the  ame  lor  thr«  J^'-  '"Second  day  ot  Jon..  •«».  » 
I'm  hom«t«d  o«  «  "do  .  *c  «c^^  ^^^   commissioner   o. 

Subscribed  and  sworn  to.  this 
before  me.  (Signature.) 

ror.  D  ^.-Vidfa  C.  St.  July.  .8..  and  C  C  astb  July.  xS,, 

FORM  D   3- 

r      .laim  for  homestead  entry,  by  a 
AFFIDAVIT  in  support  of  a  da^^  *°^   ^   homestead   by  pur- 

. Jt'  I  am  over  eighteen  years  o^  ase.  *»*  ^^ich  my  appUca- 
ZXZ  -^.•'tyrJat  ^pen  rVomestead  en»r.  tha 
tion  is  made  is  of  the  class  oy  ^^,  „j  ,here  any 

"'«  is  no  P-- ::»  ■  that"l'  obUined   homestead    entry   on 
Ir'^-'^Cr  '3  o-he^  !        .. 

:Vctionoi  section  ^^^^^  •'        meHd-  ^^^^r, 

.,«r  twewe  -nth''  ^^enc^ ^Xt^h^  -in^[^n->; 
nf  "The  Dommion  Ldiids  ^'^        .     ,       patent  or  certificate  « 
homestead  for  -f  \\,^^r  anTthat  Js  application  -  - 
recommendation  for  P^^f  ^' JJ^^^    with  the  intention  of  res  dmg 
Jor  my  exclusive  use  and  ^^-f^^^  ,,,,  ^nd  not.  direcly  o 

«pon  and  f  twa^^^^;^^    iTefit  ot  any  other  person  or  person 
indirectly,  for  the  use  o  ^^    ^ 

whomsoever.  .  •  day  oi 

Subscribed  and  sworn  to,  this 
before  me.  (Signature.) 

.crm  r:-Vro.  C.  Sth  Jn.y.  .^.  -  O.  C  .h  .. 

1895. 


i8 


DOMINION  LANDS. 


FORM  E. 


247 


I  certify  that  I  have  received  from  the 

sum  of  ten  dollars,  being  the  office  fee  for  homestead  entry, 
(or  pre-emption  entry  in  connection  with  homestead  entry,  as 
the  case  may  be),  for  (describe  the  land)  and  that  the  said 

is,  in  consequence  of  such  entry 
and  payment,  vested  with  the  rights  conferred  in  such  cases 
by  the  provisions  of  "The  Dominion  Lands  Act,"  respecting 
homestead  rights. 

Local  Agent. 

(Place— Date.) 

46  v.,  c.  17,  sch.  form  F. 


July. 


FORM  F. 

No.... 

APPLICATION    FOR    A    HOMESTEAD    ENTRY    BY    AN 

AGENT. 

I,  ,  do  hereby  apply  on  behalf  of 

of  the  of 

in  the  County  of  for  a  homestead 

entry,  under  the  provisions  of  sub-clause  of  clause 

38  ot   "The   Dominion   Lands   Act,"   for   the 
quarter  section   of   section   number  of  the 

township,  in  the  range  west  of  meridian. 

District,    18    . 

(Signature.) 
46  y.,   c.    17,   sch.   form   G,   as  amended   by   O.   in   C.   of   sth 
June,  1890. 


FORM  G. 

AFFIDAVIT   by   an   agent   in   support  of  a   claim   for   home- 
stead entry  on  behalf  of  a  person  who  has  bona  fide  settled 
and  made   improvements   upon  land  in  advance  of  survey. 
h  A.   B.,  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 
r^^^  •    for   whom    I    am    acting    herein    as    agent,    is 

lover  eighteen  years  of  age;  that  to  the  best  of  my  knowledge 
M  belief  the  land  in  respect  of  which  the  application  is  made 
p  of  the  class    open    for    homestead  and    pre-emption    entry; 


m 


\\ 


m 


24$ 


NORTHWEST  TERRITORY. 


that  the  said  became  resident  upon  and  began  to  cul> 

tivate  the  said  land  on  the  day  of  ,   i8     » 

before  the  same  was  surveyed;  that  he  has  resided  upon  and 
cultivated  the  said  land  in  conformity  with  the  requirements 
of  the  homestead  provisions  of  the  Dominion  lands  law  ever 
since;  that  there  is  no  other  person  residing  on,  or  claiming* 
or  having  improvements  upon  it,  and  that  this  application  is 
made  for  his  exclusive  use  and  benefit,  with  the  intention  of 
his  residing  upon  and  cultivating  the  said  land,  and  not  direct- 
ly or  indirectly  for  the  use  or  benefit  of  any  other  person  or 
persons  whomsoever:  and  that  he  has  not  heretofore  obtained  an 
entry  for  a  homestead  on  Dominion  lands. 

Subscribed  and  sworn  to,  this  day  of  x8     , 

before  mc. 

(Signature.) 
Local  Agent. 

46  v.,  c.  ly,  sch.  form  H. 


I,,,'. 


FORM  H. 

9 

AFFIDAVIT   by  an  agent  in  support  of   claim  for  homestead 

entry  on  behalf  of  a  person  who  has  not  previously  settled 

on  the  land. 

I,  A.  B.,  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 
that  of  ,  for  whom   I  am  acting 

herein  as  agent,  is  over  eighteen  years  of  age;  that  to  the  best 
of  my  knowledge  and  belief  the  land  in  respect  of  which  the 
application  is  made  is  of  the  class  open  for  homestead  and  pre- 
emption entry;  that  there  is  no  person  residing  upon  the  said 
land,  nor  are  there  are  any  improvements  thereon,  and  that  the 
application  is  made  for  the  exclusive  use  and  benefit  of  the 
said  with  the  intention  of  his  residing 

upon  and  cultivating  the  said  land,  and  not  directly  or  indi* 
rectly  for  the  use  or  benefit  of  any  other  person  or  persons 
whomsoever;  and  that  he  has  not  heretofore  obtained  an  entry 
for  a  homestead  on  Dominion  lands. 

Subscribed  an  sworn  to,  this  day  of  18  , 

before  me. 


I,.ocal  Agent. 
46  v.,  c.  17,  sch.  form  J. 


day  of 

(Signature.) 


DOMINION  LANDS. 


24^r 


FORM  J. 

AFFIDAV^IT  by  an  agent  in  support  of  a  claim  for  homestead 
entry  on  behalf  of  a  person  who  has  previously  obtained 
and  has  forfeited  his  homestead  entry,  but  is  permitted  by 
the  Minister  of  the  Interior  to  obtain  another  homestead 
entry. 

I,  A.  B.,  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 
that  ,    for   whom    I   am   acting   herein   as   agent.    i» 

over  eighteen  years  of  age;  that  to  the  best  of  my  knowledge 
and  belief  the  land  in  respect  of  \vhich  application  is  made 
is  of  the  class  open  for  homestead  and  pre-emption  entry; 
that  there  is  no  person  residing  on  the  said  land,  nor  are  there 
any  improvements  thereon;  that  he  obtained  homestead  entry 
on  the  day  of  x8     ,  for  the 

quarter-section  of  section  ,  township  ,. 

range  ,  of  the  meridian,  but  for- 

feited the  same;  that  by  an  order  of  the  Minister  of  the  Inte> 
rior,  which  I  now  produce,  he  has  been  permitted  to  make  ap- 
plication  for  and  receive  another  homestead  entry,  and  that 
this  application  is  made  for  his  exclusive  use  and  benefit,  with 
the  intention  of  his  residing  upon  and  cultivating  the  land  ap* 
plied  for,  and  not  disectly  or  indirectly  for  the  use  or  benefit 
oi  any  other  person  or  persons  whomsoever. 

Subscribed  and  sworn  to,  this  day  of  i8    .. 

before  me. 

(Signature.) 
Local  Agent. 
46  v.,  c.  17,  sch.  form  K.  * 


FORM  J  2. 

AFFIDAVIT  by  an  agent  In  support  of  a  claim  for  homestead 

entry  on  behalf  of  a  person  who  has  previously  obtained  a. 

recommendation  for  patent  for  a  homestead  after  three  years' ' 

residence  and  cultivation. 

I,  ,  do   solemnly  that  ». 

for  whom  I  am  acting  herein  as  agent,  is  over  eighteen  years 
of  age;  that  to  the  best  of  my  knowledge  and  belief  the  landi 
in  respect  of  which  the  application  is  made  is  of  the  class  openr 
for  homestead  entry;  that  there  is  no  person  residing  upon  and 
cultivating    the    said     land,    nor   are    there    any    improvements 


'II 


taso 


NORTHWEST  TERRITORY. 


thereon;  that  the  application  is  made  for  the  exclusive  use  and 
benefit  of  the  said  with  the  in* 

tention  of  his  residing  upon  and  cultivating  the  said  land, 
and  not  directly  or  indirectly  for  the  use  or  benefit  of  any  other 
person  or  persons  whomsoever;  that  the  said  ob* 

tained  entry  for  the  quarter-section  of  section 

,  township  ,  range  , 

^f  the  meridian,  as  homestead  on  the 

day  of  ,  i8     ,  being  the  only  home* 

«tead  for  which  he  has  received  a  patent  or  certificate  for  rec* 
•ommendation  for  patent,  that  he  resided  upon  and  cultivated 
the  same  for  three  years,  and  that  his  said  homestead  has  been 
recommended  for  patent,  certificate  of  which  fact,  signed  by 
the  proper  agent  for  Dominion  lands,  and  countersigned  by 
the  Commissioner  of  Dominion  lands,  I  now  produce. 

Subscribed  and  sworn  to,  this  day  of  i8    . 

before  me. 

(Signature.) 
Local  Agent. 

Form  J  2.— Vide  O.  C.  2Sth  July,  1895. 


ce; 


a^-- 


FORM  K. 
I  certify  that  ,  who  is  the  holder  of  a 

homestead  entry  (or  homestead  and  pre-emption  entry,  as  the 
case  may  be)  for  (describe  the  land),  has  complied  with  the 
provisions  of  the  law  required  to  be  conformed  to  in  order  to 
entitle  him  to  receive  a  patent  for  such  land,  and  that  I  have 
recommended  the  issue  of  such  patent. 

Local  Agent. 
(Place— Date.) 
Countersigned : 

Commissioner  of  Dominion   Lands, 
or  Member  of  the  Dominion  Lands  Board. 
46  v.,  c.   17,  sch.  form  M. 


FORM  K  I,  No... 

This  certificate  is  not  valid  unless  countersigned  by  the 
Commissioner  of  Dominion  Lands,  or  a  member  of  the  Dom- 
ion   Lands  Board. 


T 

entry 

a  pre 

sectioi 

>n   ful: 

hereby 

plied  \ 

to,   in 

«mptioi 
ent.  C< 
sued  on 
*«rsifirne( 

Count 
this 

^ommisj 
Form! 


I»  the 
holdin;^ 

°^  sectiot 

meridian, 

''"ve  recei] 
^<ivance  u| 
^•'d  amencl 
*3'd  homel 


the 


statem 


fake  to  pai 
m 

3s  foJiowsJ 


'  1 


CERTIFICATE 


DOMINION  LANDS. 

OF     RECOMMENDATION 
EMPTION    PATENT. 


aSi 


FOR     PRE- 


Department  of  the   Interior, 
Office  of  Dominion  Lands, 

i8    . 

I  certify  that  ,  who  is  a  holder  of  a  homestead 

entry  for  of  section  ,  township 

range  ,  west  of  the  meridian,  and 

a  pre-emption  entry  for  the  of  the   same 

section,  has  deposited  with  me  the  sum  of  dollars, 

in  full  payment  for  such  pre-emption,  the  receipt  whereof  is 
hereby  acknowledged,  and  that  the   said  has  com- 

plied with  the  provisions  of  the  law  required  to  be  conformed 
to,  in  order  to  entitle  him  to  receive  a  patent  for  such  pre- 
emption, and  that  I  have  recommended  the  issue  of  such  pat- 
ent. Certificate  of  recommendation  for  homestead  patent  is- 
sued on  day  of  i8  ,  and  was  duly  coun- 
tersififned   on                   day  of  i8        • 

Countersigned  at  Winnipeg, 
this  day  of  ,  i8     . 

Commissioner  of  Dominion  Lands.  Local  Agent. 

Form  K  i.— Vide  O.  C.  i6th  January,  1891. 


FORM  L. 

ACKNOWLEDGMENT  AND   CHARGE. 

I,  the  undersigned 

holdinp:  as  a  homestead  the  quarter 

of  section  ,  township 

,  range  of  the 

meridian,  upon  which  I  have  been  established  since  the 

day  of  ,   18     ,   hereby  acknowledge  to 

hpve  received  from  as  an 

advance  under  the  provisions  of  "The  Dominion  Lands  Act," 
and  amendments  thereto,  in  aid  of  my  establishm  'nt  upon  the 
said  homestead,  the  sum  of  dollars  a  9  shown  by 

the  statement  thereof  as  hereto  annexed,  certified  by  the 

which  sum  of  money  I  under- 
take to  pay  to  the  said  his  representatives  or  assigns 
>n  years  from  the  day  of  x8  » 
as  follows; — 


NORTHWEST  TERRITORY. 
'^  .  day  of 

,i.h  int«..t  thereon  from  .he  ^^^  ■"X'^J^.h' 

.8     ..t  the  rate  oi       ^^^  J  ,„  each  ye«.  th 

S;,*;sta«ntent  .hereof  ««>  become  ^u.  -/^.^^y  .or  such 
*-  "'  „  I  hereby  create  a  f-rsi  -rt.a.e  -d  cha^e  up<>n  the 
'T;:^mest«T  according  to  the  prov.s.ons  o. 

rayti:%rtrtr:i';f--^--_^_ 

-j;:-  .Une.,  «hereo.   the  parties  h«e.o^  ha« 
""^X:^^^^"''  '"  ^'"""  °'  CL.  S.>    . 

STATEME"i^^^XPENSES. 

For  cost  of  passage 

ao         sitbsistence 

j«         entry   fee 

do         CM"/  

do        horses  and  cattle •••• 

do         l^o«««^  furmture 

do        farm   implements 

do         seed    grain.. ..^ -\ 

Interest  °^  ^     ^    ,  '      r 

S2  v..  c.  -z;.  s.  8,  form  L. 

FORM  M.  ,,rxTTrpc; 

OATH   or  MEMBER  OE   BOM^^   O^  B-MXNER.^^ 
T    A.  B..  do  solemnly  »«"'  ^°;  *tof  an  examiner  of  can- 
J  I^„m  faithfully  dUf  «f  *Vtr„  tnd   or  topographic^ 
didates    for   com-mss.o^s    as    U  ^^^^^^    ^„„„„„    „,   par 

surveyors   accordmg   to   law. 
.iality.    So  help  me  God. 
46  v..  c.  17.  sch.  form  N. 

* 


DOMINION  LANDS. 


»$3 


FORM  N. 

ARTICLES    OI''    PUPIL    TO    DOMINION    LAND    SUR- 
VEYOR. 


day  of 
between  A.   B.,  of 


These  Articles  of  Agreement,  made  the 
(one  thousand  eight  hundred  and 

of 
Dominion   land  surveyor,   of 
the  one  part,  and  C.  D.,  of  and  E.  F.,  son  of 

the  said   C.   D.,  of  the  other  part,  witness: — 

That  the  said  E.  F.,  of  his  own  free  will,  and  by  and  with 
the  consent  and  approbation  of  the  said  C.  D.,  doth,  by  these 
presents,  place  and  bind  himself  pupil  to  the  said  A.  B.,  to 
serve  him  as  such  from  the  day  of  the  date  hereof,  for  and 
during  and  until  the  full  end  and  term  of  three  years  from 
hence  next  ensuing,  and  fully  to  be  completed  and  ended. 

And  the  said  C.  D.  doth  hereby,  for  himself,  his  heirs,  ex- 
ecutors and  administrators,  covenant  with  the  said  A.  B.,  his 
executors,  administrators  and  assigns,  that  the  said  E.  F.  shall 
well  and  faithfully,  and  diligently,  according  to  the  best  and 
utmost  of  his  power,  serve  the  said  A.  B.  as  his  pupil  in  the 
practice  or  profession  of  a  Dominion  land  surveyor,  which  he, 
the  said  A.  B.*  now  foUoweth,  and  shall  abide  and  continue 
with  him  from  the  day  of  the  date  hereof,  for  and  during  and 
unto  the  full  end  of  the  said  term  of  three  years. 

And  that  he.  the  said  E.  F.,  shall  not,  at  any  time  during 
such  term,  cancel,  obliterate,  injure,  spoil,  destroy,  waste,  em- 
bezzle, spend  or  make  away  with  any  of  the  books,  papers, 
writings,  documents,  maps,  plans,  drawings,  field  notes, 
moneys,  chattels  or  other  property  of  the  said  A.  B.,  his  ex- 
ecutors, administrators  or  assigns,  or  of  any  of  his  employers; 
and  that  in  case  the  said  E.  F.  shall  act  contrary  to  the  last 
mentioned  covenant,  or  if  the  said  A.  B.,  his  executors,  adminis- 
trators or  assigns,  shall  sustain  or  suffer  any  loss  or  damage 
by  the  misbehavior,  neglect  *  or  improper  conduct  of  the  said 
£.  F.,  the  said  C.  D.,  his  heirs,  executors,  or  administrators, 
will  indemnify  the  said  A.  B.,  his  executors,  administrators  or 
•assigns,  and  make  good  and  reimburse  him  or  them  the  amount 
or  value  thereof. 

And  further,  that  the  said  E.  F.  shall,  at  all  times,  keep 
the  secrets   of  the  said  A.    6.,    in  all   matters   relating   to   the 


NORTHWEST  TERRITORY. 

...         _*       «1 


m  ^"^^  .      ill     at   alt    times    during 

.he  ..ia  ««"»•  VjrUT  from  time  to  t.me    pay J^'  ,^, 

B„,t.r.  and  *•»»••  •"°',  „,  belonging  to  »','"'  °"  ^„d  fair 
which  he  shall  ««"*  °V°  and  make  and  gw.  true  an 
„id  A.  B     '7.  f>%^.T  :nd  doing,    whatsoever  mjhe       ^^ 
•""""'s'  1  irdeason.  without  <»"^..<"„*f i'uwU'.y   and 
Tr..  he   shall  thereto  be   reou-red.   and    ^^^^^^^^ 
often   as   "^  ^vecute   his   lawiui   •  service 

cheerfully  obey   and   «ecu         ^j^^^_^,  ^j^,.,    "°u  'lid  term. 
^„ds.  and  shall  "»    <1^»^'.  ,,  .„y  '""'/"T.hal!  from  time 

::.tC^-enrLth.d^«aou.n..^;t 
^^^^1?£  ='^rH«tr  an 

"JLi'^A.-b!  at  ^    tim«    .or  -thC"«-Ur  in  the  man- 
faithful  pupil  ought  to  do.  ^^^^^ 

r^'L^L  and  delivery  of  «*««/«""' VrhimseU,  his  heirs. 
*\! "byUno^ledged).  the  ^a'd  ^    B.  «o^    ^.^^  ,^^  ^^^a  C. 

'cal..  and  to  the  -t-;'^  ^ J^^^  t  d  instructed.  *»  -ME.  J^ 

with  all  the  '^^^^^Xminrthc  business  of  the  said  A^  ^^ 
transacting  or  P«'^^'.«^"'f„'^r  t^e  said  term,  make  the  atna 
Sso  will,  at  the  exP-ti-  ^^^^^^^^^     ^^^,^^,  '^"^'rentavot. 

of  service  recimred  by^  sect  ^.^  ^^^^  ^^^^^  3^  ende 

Dominion  Lands  Act.     ana 


DOMINION  LANDS. 


»5S 


at  the  request,  cost  and  charges  of  the  said  C.  D.  and  £.  F., 
or  either  of  them,  to  cause  and  procure  him,  the  laid  £.  F., 
to  be  examined  before  the  Board  of  Examiners  of  candidates 
for  commissions  as  Dominion  land  surveyors:  Provided  the 
said  £.  F.  shall  have  well,  faithfully  and  dili^irently  served  his 
said  intended  pupilage. 

And  for  the  true  performance  of  all  and  every  the  cove> 
nants  and  agreements  aforesaid,  according  to  the  true  intent 
and  meaning  thereof,  each  of  them,  the  said  A.  B.  and  C.  D<, 
doth  bind  himself,  his  heirs,  executors,  administrators,  unto 
the  other,  his  heirs,  executors,  administrators  and  assigns,  in 
the  penal  sum  of  five  hundred  dollars,  firmly  by  these  presents: 
In  witness  thereof,  the  parties  aforesaid  have  hereunto  set 
their  hands  and  seals,  the  day  and  year  first  above  written. 

A.  B.  (Seal.) 
C.  D.  (Seal.) 
E.  F.  (Seal.) 
Signed,  sealed  and  delivered,  in  the  presence  of 

G.  H., 
J.  H. 
46  v.,  c.  17,  sch.  form  O. 


FORM  O. 

AFFIDAVIT  BY  THE  SURVEYOR. 

I,  A.  B.,  of  ,  Dominion  land  surveyor,  do  solemnly 

swear  that  E.  F.  has  served  regularly  and  faithfully  &»  my  pupil 
from  the  day  of  ,   18     ,  to  the 

day  of  18     .    That  he  has  been  en> 

Eaged  with  me  in  the  field  on  the  following   surveys,   that   i» 
to  say: 

From  the  day  of  to  the  day  of 

,  on  the  survey  of  at 

From  the  day  of  to  the  day  of 

,  on  the  survey  of  at 

,  and  that  the  said  E.  F.  has  always  conducted  himself 
with  all  due  diligence,  honesty  and  sobriety  on  the  said  serv' 
ice. 

Sworn  before  me 


i 


f'i 


»■■' 


mi 

■f  1 5 


1;^ 


49  v.,  c.  27,  s.  2j,  part. 


r:.^^ 


m 


■^$6 


NORTHWEST  TERRITORY. 


m' 


FORM  P. 
AFFIDAVIT  BY  THE  PJPIL. 

I,  E.  F.,  of  ,  do  solemnly  swear  that  I  have 

-attained  the  full  &ge  of  twenty-one  years;  that  I  have  served 
regularly  and  faithfully  with  A.  B.,  Dominion  land  surveyor, 
•as  his  pupil,  from  the  day  of  x8     ,  to  the 

day  of  i8     ,   that    I   have   been   en- 

-gaged  with  him  in  the  field  bet'v;een  the  following  dates  on  the 
•following  surveys,  that  is  to  say: 

From  the  day  of  to  the  day  of 

on  the  survey  of  at 

From  the  day  of  tc  the  day  of 

>on  the  survey  of  at 

Sworn  before  me 

49  v.,  c.  2Y,  s.  22,  part. 


FORM  Q. 

COMMISSION   AS   DOMINION   LAND   SURVEYOR. 

This  is  to  certify  to  all  whom  it  may  concern,  that  A.  B.,  of 
,  hath  duly  passed  his  examination  before  the 
3oard  of  Examiners,  and  hath  been  found  duly  qualified  to 
<fill  the  office  and  perform  the  duties  of  Dominion  land  sur- 
veyor, he  having  complied  with  all  the  requirements  of  the  law 
in  that  behalf:  V\  herefore,  he,  the  said  A.  B.,  is  hereby  duly 
admitted  to  the  said  office,  and  commissioned  for  the  discharge 
of  the  duties  thereof,  and  is  by  law  authorized  to  practice  as 
a  surveyor  of  Dominion  lands. 

In  witness  whereof,  we,  the  President  and  Secretary  of  the 
said  Bow>rd,  have  signed  this  commission,  at  on 

^his  day  of  one  thousand  eight 

4iundred  and  • 

C.  D. 
Surveyor-General. 
E.  F. 
Secretary. 
.46  v.,  c.  17,  sch.  Form  P. 


Domi 

estab] 

west  ' 

to  pay 

assigns 
of 

^8    ,  ai 
the 

'nstaJJm, 
of 

"ndertaJc 
tain  entr 
danced  t( 
fight    pe: 

amendmej 

that  I  ar 

at  any  tit 

Jn  witJ 

^''esents  i] 

^'gned,] 


DOMINION  LANDS. 


FORM  R. 


«57 


ACKNOWLEDGMENT  AND  CHARGE. 

I,  the  undersigned  hereby  acknowledge 

to  have  received  the  sum  of  dollars  from 

as  an  advance  under  the  provision  of  "The 
Dominion  Lands  Act,"  and  amendments  thereto,  in  aid  of  my 
establishment  upon  a  homestead  in  Manitoba  or  the  North- 
west Territories  of  Canada,  which  sum  of  money  I  undertake 
to  pay  to  the  said  .  his  representativss  or 

assigns  in  years  from  the  day 

of  i8     ,  as  follows: — 

with  interest  thereon  from  the  day  of 

1 8     ,  at  the  rate  of  per  cent  per  annum  payable  on 

the  day  of  ,  in  each  year;    the  first 

installment  whereof  will  become  due  on  the  day 

of  i8     ,   and   as   security  for   such   payments   I   hereby 

undertake  and  agree  that  the  homestead  for  which  I  shall  ob- 
tain entry  shall  be  charged  with  the  said  sum  of  money  ad- 
vanced to  me,  with  interest  thereon  at  a  rate  not  exceeding 
eight  per  cent  per  annum,  according  to  the  said  Act  and 
amendments  thereto.  I  create  the  said  charge  upon  condition 
that  I  am  to  have  the  privilege  of  paying  off  the  said  advance 
at  any  time  prior  to  the  expiration  of  the  said  years. 

In  witness  whereof,  the^parties  hereto  have   executed   these 
presents  in  triplicate,  this  day  of  i8     . 

Signed,  sealed  and  delivered  in  presence  of 


I 


(L.  S.) 


52  \'.,  c.  27,  sch.  9,  form  R. 


17 


I'll 


1^ 


r,  !■ 


DOMINION   LANDS. 
60-61  VICTORIA. 
Chapter  29- 
r.     /.MEND     THE     DOMINION 

,H    ACT    ''-"-J.VaCT 


(As,«t.d  .0  «th  June.  .897-) 


J  ;o^   and   consent   oi   tne 

Act"  means  T^ne  1^"" 

Revised  S«*»«"„  FGOR    AMENDED.     S«^    -       ,., 

second  Une  thereof  the  wor     ,^ 

*Vr.TE  "U'k-^bJ^^H.  ^  AMEN.B.     sec.  ^3-  ^^S^ 
CLAUSt.     1^^  ihirty-eight   ot    the   saiu  ^^ 

clause  four   of  clause    ^^'''x  the  words  therein  a^^er  the  w 

pr^'seT'the'Mi""'"-;'    „_    AMENDED.     S«.   4-    Cla»« 
f„rt  Aotn.  -•'-trENTKV  ;v  SETTLEK  OK  HIS 

(258) 


DOMINION  LANDS. 


259 


to  obtaining  patent  may  be  satisfied,  in  the  case  of  the  parent, 
by  residence  upon  his  first  homestead,  and,  in  the  case  of  a 
son,  by  residence  upon  the  parent's  homestead. 

CONDITIONS  ON  WHICH  PATENT  MAY  BE  OB- 
TAINED.  "10.  Notwithstanding  anything  contained  in  this 
Act,  any  person  claiming  a  patent  for  land  for  which  he  has 
made  entry  as  a  homestead,  or  as  a  pre-emption,  shall  be  en- 
titled  to  obtain  such  patent  upon  proving  to  the  satisfaction  of 
the  Minister,  or  of  the  Commissioifcr  of  Dominion  Lands,  or 
of  the  Dominion  Lands  Board, — 

RESIDENCE,  "(a.)  That  he  has  fulfilled  three  years'  resi- 
dence upon  the  land  which  is  the  subject  of  his  entry,  if  the 
land  is  a  homest^d,  and  upon  his  homestead  if  the  land  is 
pre-emption,  in  accordance  with  the  provisions  as  to  three 
years'  residence  upon  a  homestead  which  are  contained  and  ex- 
plained  in   this  Act; 

CULTIVATION,  "(b.)  That  in  each  of  such  years  he  has 
cultivated  not  less  than  one  acre  of  such  land,  and  that  at  the 
date  of  his  application  the  whole  area  so  cultivated  has  been 
substantially  fenced; 

CATTLE,  "(c.)  That  he  has  at  least  forty  head  of  cattle 
upon  such  land; 

BUILDINGS,  "(d.)  That  he  has  erected  on  such  land, 
or  upon  land  occupied  by  him  in  the  vicinity,  stables  and  out- 
houses suiKcient  to  winter  at  least  forty  head  of  cattle." 

CLAUSE  FORTY-TWO  REPEALED.  Sec.  5.  Clause 
forty-two  of  the  said  Act  is  hereby  repealed,  and  the  following 
substituted  therefor: — 

ASSIGNMENTS  BEFORE  ISSUE  OF  PATENT  TO  BE 
VOID.  FORFEITURE.  PROVISO:  IN  CASE  OF  REC- 
OMMENDATION FOR  PATENT  BY  LOCAL  AGENT. 
"42.  Unless  the  Minister  otherwise  declares,  every  assign- 
ment or  transfer  of  homestead  or  pre-emption  right,  or  any 
part  thereof,  and  every  agreement  to  assign  or  transfer  any 
homestead  or  pre-emption  right,  or  any  part  thereof,  after 
patent  obtained,  made  or  entered  into  before  the  issue  of  the 
patent,  shall  be  null  and  void;  and,  unless  the  Minister  other- 
wise declaras,  the  person  so  assigning  or  transferring,  or  mak- 
ing an  agreement  to  assign  or  transfer,  shall  forfeit  his  home- 


I 

'i!l 


■4 


?*  i  ."'1 

7. 

.    "J  I'  J,  ! 


1  *■ 


{   K-- 


till 

I'l!;^'  1" 

6*' 


NORTHWEST  TERRITORV. 

-    « *■  K«»  ne 


^°^™""^=Vh«  not  be  permuted  ton.au. 
.  ,„d  pre-emption  right.  -"^ 'f  ;^"°?pe»on  «hose  home- 

'".,      homestead  entry.  P"^'*'?*  have  been  recommended 
another  nomesteau  pre-emption  have  ,  ,         such 

^'"^  Tnt'C*  t«?Vent.  and  ^J^^ ^J^Tt  the  sched- 
(or  patent  By  '""^  effect,  in  the  lorro  ,  pomin- 

agent  a  certificate  "  *»' '^,4  by  the  Commissioner  of^ 

n"fu  lis  so  countersigned."  clause  «ty  o.  .he 

r  .,r^c      "«     When  so  author- 

*°';-;,SE  OF    GRAZING    LANDS        f^„„,,„pied  Domin- 
jrt^Governor-Cour...^^^^^^^^^ 
ion  Lands  may  "e  gtant  ^^^^  ^^  years,  for  such  ^^^ 

=■•- 'r  ?ri;tr.sr.". -tin, .»  - 


forth  in  regu  TjTTTVTi     Mc- 

ernor  in  Council.  ^  __^    t,^     hON.    PETEK     ivi^ 


«""''"  rtcHOOI.  LANDS   -O    «°V^^^PI-a''cB 
SALE   OF   SCHOOl.  j^^jjDS    TO     K  ^^ 

LAREN.     rROVISO^     0^__^.^^  ^^n^^'incUmay t"«h°"« 

THEM.    Sec.  7-    Notw  ^      „or  in  Council  may 

in  any  Act  »•«"<'•"« ''l^fas  are  thought  P"}'"'  '°  ^^at  is  .0 

*vt«rMcL"o?  the  .o,w-  :f  ::it't:;ion  o.  .- 

tX  -tfo,r«on  eUnTn  township  nine  and -- 
northwest  <l>-«f  °\^'^  („„rth  meridian.  i«    he  pro^      ^ 
twenty-six.  «est  °^""         „  boundary  of  the  saKl  ^^_^^ 

ttict  of  Alberta,  the  sou  ^^^^  ,,„,.  Proviaeu  ^^^ 

l„es  of  land  'o,"'/ j« '^'.^.i,  the  Minister,  by  nott«   ^,  ,,. 


"W 


DOMINION  LANDS. 


261 


cil  may  authorize  the  sale  to  any  former  lessee  of  a  grazing 
ranch  in  the  Northwest  Territories,  whose  lease  was,  with  other 
similar  leases,  determined  pursuant  to  the  provision  of  an  Or- 
der in  Council  of  the  twelfth  day  of  October,  one  thousand 
eight  hundred  and  ninety-two,  and  who  was  thereby  given, 
among  other  privileges,  permission  to  purchase  not  in  excess 
of  ten  per  cent  of  his  leasehold  at  the  rate  of  two  dollars  per 
acre  (which  rate  was  subsequently  reduced  to  one  dollar  and 
twenty-five  cents  by  an  Order  in  Council  of  the  twenty-second 
day  of  April,  one  thousand  eight  hundred  and  ninety-three)  as 
part  of  such  ten  per  cent  of  his  leasehold,  of  any  school  lands 
comprised  therein:  Provided  that  such  sale  shall  not  take  place 
until  the  Minister,  by  notice  in  the  "Canada  Gazette,"  has  set 
apart,  as  school  lands,  in  lieu  of  the  school  lands  comprised 
within  such  leasehold  and  sold  to  such  lessee  or  lessees,  other 
land  of  equal  area  and  value,  as  nearly  as  may  be. 

GRANT  OF  HOMESTEAD  TO  EDWARD  W.  JOHN- 
STON. Sec.  9.  Notwithstanding  anything  in  the  said  Act  or 
in  any  Act  amending  it,  the  Minister,  by  authority  of  the  Gov- 
ernor in  Council,  may  grant  to  Edward  W.  Johnston  a  home- 
stead entry  for  the  southeast  quarter  of  section  eleven  in  town- 
ship eleven  and  range  four,  east  of  the  first  meridian,  upon 
proof  to  the  satisfaction  of  the  Minister  that  he  was  in  bona 
fide  occupation  of  the  said  land  prior  to  the  first  day  of  Janu- 
ary, one  thousand  eight  hundred  and  eighty,  and  that  he  has 
continued  to  occupy  and  cultivate  the  said  land  since  that  date, 
in  accordance  with  the  requirements  of  the  said  Act  relating 
thereto. 

OTHER  LANDS  TO  REPLACE  IT.  2.  The  Minister 
may  cause  to  be  selected  in  lieu  of  'the  said  school  lands,  an 
equal  area  of  vacant  and  unreserved  Dominion  Lands  within 
the  province  of  Manitoba,  of  equal  value  as  nearly  as  may  be, 
for  the  purposes  for  which  sections  eleven  and  twenty-nine  in 
every  surveyed  township  throughout  the  extent  of  Dominion 
Lands  are  set  apart  under  the  provisions  in  that  behalf  con- 
tained in  the  said  Act,  and  may  withdraw  the  lands  so  selected 
from  the  operation  of  those  clauses  of  the  said  Act  and  of  its 
amcndmg  Acts,  which  relate  to  sale  and  to  homestead  entry, 
and  set  them  apart  as  school  lands,  by  a  notice  to  that  effect 
in  the  "Canada  Gazette." 


II 


n 


y-f 


dl 


li^. 


262 


NORTHWEST  TERRITORY. 


CLAUSE  NINETY-SIX  AMENDED.  Sec.  10.  Clause 
ninety-six  of  the  said  Act  is  hereby  amended  by  striking  out 
the  word  "and"  in  the  second  line  thereof,  and  inserting  the 
word  "or"  in  lieu  thereof. 

CLAUSE  NINETY-EIGHT  REPEALED.  Sec.  11.  Clause 
ninety-eight  of  the  said  Act  is  hereby  repealed  and  the  follow- 
ing clause  is  substituted   in  lieu  thereof: — 

"Sec.  98.  The  Minister,  with  the  approval  of  the 
oovernor  in  Council,  may,  whenever  he  deems  it  necessary  so 
to  do,  vary  any  of  the  forms  in  the  schedule  to  this  Act,  or  t« 
any  Act  amending  it,  or  he  may  from  time  to  time,  with  the 
like  approval,  cause  to  be  adopted  such  other  forms  to  the  like 
effect  or  such  new  forms  as  he  considers  applicable  or  neces- 
sary to  any  special  case  or  class  of  cases." 

APPLICATION  FOR  HOMESTEAD  BY  WOMAN  AS 
HEAD  OF  FAMILY.  Sec.  is.  If,  in  the  case  of  any  woman 
who,  claiming  to  be  the  sole  head  of  a  family,  makes  applica- 
tion for  a  homestead  entry,  any  doubt  arises  as  to  the  right  of 
such  woman  to  be  recognized  as  the  sole  head  of  a  family,  the 
Minister  may  decide  from  the  special  circumstances  of  the  case 
whether  such  application  shall  be  granted  or  refused. 

ISSUE  OF  PATENT  AFTER  DEATH  OF  APPLICANT. 
Sec.  13.  Where  patents  for  any  lands  have  been  or  are  here- 
after issued  to  a  person  who  died  or  who  hereafter  dies  before 
the  date  of  such  patent,  the  patent  in  such  case  shall  not  there- 
fore be  void,  but  the  title  to  the  land  designated  therein  and 
granted  or  intended  to  be  granted  thereby  shall  become  vested 
in  the  heirs,  assigns,  devisees  or  other  legal  representatives  of 
such  deceased  person  according  to  the  laws  of  the  province  in 
which  the  land  is  situated,  as  if  the  patent  had  issued  to  the 
deceased  person  during  life. 

ISSUE  OF  PATENT  IN  CASE  OF  MENTAL  INCAPAC- 
ITY OF  SETTLER.  Sec.  14.  In  the  event  of  any  person 
who  has  partly  or  wholly  fulfilled  the  conditions  of  his  home- 
stead entry  becoming  insane  or  mentally  incapable,  and,  by 
reason  of  such  insanity  or  mental  incapacity,  unable  to  com- 
plete the  conditions  of  his  entry  or  te  furnish  the  proof  called 
for  by  clause  thirty-eight  of  the  said  Act,  the  guardian  or  com- 
mittee of  such  person,  or  any  person  who  in  the  event  of  his 
death    would   be   entitled   as   his   legal  representative   to   do  so, 


maj 
who 
com 
Jegal 

ig 

of  ch 

by  ac 

AS 

"2.    I 

day  01 

the  ri| 

in  the 

not  mi 

thousai 

case  si 

sions  o 

been  gi 

Jster  thi 

apply  f« 

such   pe 

subject 

Sec.   16. 

1891  is 

"and  wh 

davit    bj 

and  char 

was  mac 

charged 

Cftpt  in  ]| 

'n  whose 

that  it  w^ 

if  the  sa 

shall  be 

'and  froi. 

■Id  remsL 

*"d  extin] 

CROJ 
«•  21-    Se<l 
^»'ned,  anl 


DOMINION  LANDS. 


^ 


may  furnish  such  proof  if  the  conditions  of  entry  have  been 
wholly  fulfilled  by  such  person,  or,  if  only  partly  fulfilled,  may 
complete  them  and  then  furnish  the  necessary  proof,  as  the 
legal  representative  of  such  person. 

1891,  c,  2i,  CLAUSE  7.  AMENDED.  Sec.  15.  Clause  seven 
of  chapter  twenty-four  of  the  statutes  of  1891  is  hereby  amended 
by  adding  the  following  sub-clause  thereto: — 

AS  TO  ENTRIES  OBTAINED  BEFORE  SEPT.  30,  1891. 
"2.  In  the  case  of  any  entry  obtained  before  the  thirtietk 
day  of  September,  one  thousand  eight  hundred  and  ninety*one, 
the  right  of  the  person  obtaining  it  shall  be  liable  to  forfeiture 
in  the  discretion  of  the  Minister  if  the  application  for  patent  is 
not  made  on  or  before  the  thirty-first  day  of  December,  one 
thousand  eight  hundred  and  ninety*eight :  Provided  that  in  no 
case  shall  any  homestead  entry  be  canceled  under  the  provi- 
sions of  this  section  until  the  person  who  made  the  entry  has 
been  given  at  least  three  months'  notice  in  writing  by  the  Min- 
ister that  his  entry  will  be  forfeited  because  of  his  neglect  to 
apply  for  patent,  such  notice  to  be  mailed  to  the  address  of 
such  person  to  the  post-office  nearest  the  land  which  is  the 
subject  of  the  entry." 

1891,  c.  34,  CLAUSE  10,  AMENDED.  REGISTRATION. 
Sec.  16.  Clause  ten  of  chapter  twenty-four  of  the  statutes  of 
1891  is  hereby  amended  by  adding  the  following  words  thereto: 
"and  where  the  person  so  interested  is  unable  to  obtain  an  affi- 
davit by  a  witness  to  the  execution  of  the  acknowledgment 
and  charge  by  the  settler  to  whom  the  advance  thereby  secured 
was  made,  the  registrar  of  the  district  in  which  the  land  so 
charged  or  encumbered  is  situated  is  hereby  authorized  to  ac- 
cept in  lieu  of  such  affidavit  a  certificate  from  the  local  agent 
in  whose  office  the  acknowledgment  and  charge  is  of  record, 
that  it  was  duly  filed  in  his  office;  and  it  is  hereby  declared  that 
if  the  said  acknowledgment  and  charge  was  so  duly  filed  it 
shall  be  considered  to  have  constituted  a  first  charge  upon  such 
iand  from  the  date  of  its  filing  with  the  local  agent,  and  to  be 
tnd  remain  a  first  charge  upon  such  land  until  duly  satisfied 
and  extinguished  according  to  law." 

CROFTERS,  SECOND  HOMESTEAD  ENTRY  TO.  1888, 
C'  21.  Sec.  17.  Notwithstanding  anything  in  the  said  Act  con- 
tained, any  person  who  has  been  placed  on  homestead  lands  or 


ill 


h  ' 


i^'M' 


NORTHWEST  TERRITORY. 


DISPOSAL  OF  FIRST  HOMESTEAD    .^^.^^  ^^  ^ 
the  sale  thereof  to  such  settler  o  ^     .^  ^^j^^^^  of  so 

Toarf  thereon  and  interest  »"^  '"^/for   such  less  sum   as  .s 
bo«d  in   obtaining   -*  ^^ffa^  ;:,«  of  such  lands,  on  pa.n 
named  in  such  P^''"'  "      ,„ 'f 'i,„e  oi  such  lands  and  of  all 
r„   case  of  refusal,   of  the  forfc.«.r'   ^^^^  ^^^^  ,j,^„,„. 
claims  thereon  and  of  the  paten  ^^d     aT     LESS 

IF    FIRST     HOMESTEAD     IS  ^^   „.„.  ^1, 

th'In   charges  thereon.^^  3^^^  ^^,^  -Vt;t. 

'"' ."".hHr:         such   abandoned   l-^;/.'itnV  amount 

:.e«  tcht"nds  are  valued  by  h^  a.  >ess^t 

I^the    charge    ^-VreareTbefore  \*%«""t  in  * 

-a\rr:Ctrt:t=^ 

CHASER  '".""...    .„„  settler  or  purchaser  i»  „iates, 

In  any  case  m  «h.ch  any  ^^  ^^._^^  ,^,  .^^  .^e  i-abilW 


DOMINION  LANDS. 


^ 


other  indebtedness  to  the  Crown,  the  Minister  may  cause  such 
letters-patent  to  issue  in  favor  of  the  settler  or  purchaser 
entitled  thereto,  and  may  transmit  them  to  the  registrar  in 
wliose  district  the  land  is  situated,  with  a  certificate  signed  by 
him  or  his  deputy,  or  by  some  other  person  named  by  him  for 
the  purpose,  setting  forth  the  particulars  of  such  liability  or 
indebtedness,  including  the  total  amount  of  the  liability  or 
indebtedness,  with  the  rate  of  interest  to  be  paid  thereon,  the 
name  of  the  persons  liable  or  indebted  therefor,  and  the  land 
to  be  charged  thereby;  and  the  registrar  when  registering  the 
patent  for  such  land  shall  make  the  necessary  entries  respecting 
such  indebtedness  in  the  proper  register  or  other  record  book 
in  his  office,  and  thereafter  the  said  indebtedness  shall  be  and 
remain  a  charge  upon  the  land  until  satisfied  and  extinguished 
according  to  law. 

LANDS  IN  YUKON  DISTRICT  AND  REMOTE  PARTS 
of  N.  W.  T.  MAY  BE  LAID  OFF  INTO  LOTS.  Sec.  19.  Not- 
withstanding anything  in  the  said  Act  contained,  the  Minister 
may  direct  that  lands  in  the  Yukon  District  and  in  remote 
parts  of  the  unorganized  portions  of  the  Northwest  Territories 
shall  be  laid  ofF  into  lots  of  such  size  and  shape  as  may  be 
found  advisable;  and  such  lots  may  be  dealt  with  and  may  be 
described  according  to  plans  of  record. 


■ 


''1 


ht 


m 


CRO 


PART  VI. 


BRITISH  COLUMBIA. 


CROWN  LANDS  BELONGING  TO  THE 

PROVINCE. 


PART    6. 


PROVINCE    BRITISH    COLUMBIA. 


CROWN  LANDS. 

CHAPTER  66. 

ACT   OF   1884  TO   CONSOLIDATE  THE  LAWS   AFFECT- 
ING  CROWN  LANDS  WITH  AMENDMENTS. 

C.  A.,  c.  66,  1890,  c.  22,  1891,  c.  IS,  1892,  c.  2$,  1893,  c.  22, 
1894,  c.  24,  1895,  c.  27,  1896,  c.  28,  1897,  c.  19. 

Her  Majesty,  by  and  with  the  advise  and  consent  of  the 
Legislative  Assembly  of  the  Province  of  British  Columbia,  en- 
acts as  follows: — 


SHORT   TITLE. 

SHORT    TITLE.    Sec.    i.    This    Act    may    be    cited    as   the 
"I^and  Act."    1884,  c.   16,  s.  77. 


f. 


INTERPRETATION. 

MEANING  OF  CERTAIN  TERMS.  Sec.  2.  In  the  con 
struction  and  for  the  purposes  of  this  Act  (if  not  inconsistent 
with  the  context  or  subject  matter),  the  following  terms  shall 
h.ive  the   respective   meanings   hereinafter   assigned   to   theni:-j 

"Chief  Commissioner  of  Lands  and  Works"  shall  mean  and  1 
include  the  Chief  Commissioner  of  Lands  and  Works,  and  anyj 
person  for  the  time  being  lawfully  acting  in  that  capacity: 

"Commissioner  shall  mean  the  Chief  Commissioner  of  Lands  I 
and  Works  of  this  Province,  or  the  person  acting  as  such  for  J 
the  time  being,  and  shall  include  every  Stipendiary  Magistratej 
for  the  time  being  in  charge  of  any  district,  and  every  persofll 
duly  authorized  by  the  Lieutenant-Governor  in  Council  to  act! 
as  and  for  the  Chief  Commissioner  of  Lands  and  Wcrks  a>l 
Assistant  Chief  Commissioner  of  Lands  and  Works  in  aD/j 
District  in  which  the  land  that  may  be  referred  to  lies,  othefj 
than  that  in  which  the  chief  office  of  the  Lands  and  Worbj 
Department  is  situated,  and  any  other  district  or  districts 
(268) 


CROWN  LANDS. 


369 


which  no  such  Assistant  Commissioner  of  Lands  and  Works  as 
aforesaid  has  been  appointed: 

"Crown  lands"  shall  mean  all  lands  of  this  Province  held  by 
the  Crown  without  incumbrance: 

"Chinese"  shall  mean  any  native  of  the  Chinese  Empire  or 
its  dependencies,  and  shall  include  any  person  of  the  Chinese 
race : 

"Crown  Grant"  shall  mean  any  instrument  in  writing  under 
the  Public  Seal  of  the  Province  conveying  land  in  fee  simple. 
R.  L.  No.  131,  s.  12;  1884,  c.  2.  s.  3;  1892,  c.  35,  8.  ID. 


SYSTEM   OF  SURVEY. 

PLAN  OF  TOWNSHIPS.  Sec.  3.  The  Crown  lands, 
where  such  a  system  is  practicable,  shall  be  laid  off  and  sur- 
veyed into  quadrilateral  townships,  containing  thirty-six  sec- 
tions, of  one  mile  square  in  each,  by  lines  running  astronom- 
ically  North  and  South,  crossed  by  others  running  astronom* 
ically  East  and  West. 

(2.)  The  sections  shall  be  numbered  as  shown  in  the  follow- 
ing diagram: — 

N. 


he  con- 
nsistcnt 
t\s  sball 
thew.- 
lean  and 
land  any  | 

Icity.      , 
U  Lands! 

[such  io»l 
Lgistrawl 

[y  pers"*! 

\i\  to  ^A 

[vorks  a>l 

i   in  m 
ies,  otWl 

id  ^^°^'1 


W. 


1 

32      33 

3\ 

35 

^6 

30 

29   1   28 

1 

1 

27 

26 

25 

10 

1 

20   1   21 

1 

22 

3; 

21 

18 

I" 

16 

15 

M 

n 

7 

8 

9 

10 

ir 

12 

6      . 

5 

4 

3 

2 

I, 

E. 


,  lii 


S. 


2.    > 


BRITISH   COLUMBIA. 


m  i 


ill 


(3')  Quarter-section  corners  shall  be  established  equidistant 
between  the  section  corners,  except  on  the  section  lines  closing 
on  the  North  and  West  boundaries  of  Townships,  on  which 
they  are  set  at  forty  chains  from  the  last  section  corner,  and 
excess  or  deficiency  of  measure,  if  any,  shall  be  carried  out 
into  the  last  half-mile,  and  cast  upon  the  North  and  West  sides 
of  the  Township: 

(4.)  The  dimensions  and  area  of  the  irregular  quarter-sections 
shall  in  all  cases  be  returned  by  the  Surveyor  at  their  actual 
measurements  and  contents: 

(5.)  All  sectiors  shall  be  closed  by  first  running  a  random 
line  East  or  VVei.,  as  the  case  may  be,  to  intersect  the  oppo- 
site corresponding  corner  post.  Should  this  random  line  not 
intersect  the  post,  then  the  distance  shall  be  measured  and  a 
correct  line  run  (care  being  taken  to  note  the  course)  East  or 
West,  as  the  case  may  be,  upon  which  the  quarter-section  post 
shall  be  established  East  and  West  lines  must  close  within 
one  hundred  links: 

(6.)  All  lines  shall  be  run  to  the  cardinal  points  of  the  com- 
pass: 

(7.)  Transits,  theodolites,  or  other  instruments,  independent 
of  the  magnetic  needle,  must  be  used  in  running  lines: 

(8.)  Section  posts  shall  not  be  less  than  four  inches  square, 
four  feet  out  of  the  ground,  and  scribed  with  the  number  of  the 
Township    and    adjoining    sections    on    the    sides    facing    them: 

(9')  Quarter-section  posts  shall  not  hf  less  than  three  inches 
square,  three  feet  out  of  the  ground,  and  marked. 

(10.)  All  posts  shall  be  .^quar'.'d  two  feet  from  the  top,  exctpt 
half-section  posts,  which   shall  be  flattened   only  on  two  sides: 

(11.)  All  posts  shall  be  pointed  from  the  top  to  shed  the 
water : 

(12.)  All  posts  shall  be  s<  surely  placed  in  the  ground  where 
practicable : 

(13.)  Pieces  of  charcoal  or  marked  stones  shall  be  placed 
under  each  post  and  the  fact  carefully  noted  in  the  field-book 

(i4>)  In  prairies,  posts  shall  have  mounds  raised  round 
them  to  a  height  of  at  least  two  feet  six  inches,  either  of  earth 
or  stones,  and  the  pests  to  be  scribed  with  the  number  of  Town- 
ship and  Section  on  each  side: 

(15.)  Mounds  shall  be  three  feet  square  at  the  base.  At  a  dis- 
tance of  one  foot  from  each  side  of  each  mound  a  trench  shall 
be  dug  at  least  two  feet  wide  and  one  foot  deep: 


(it 
shall 

(17 
trees  I 
toward 


CROWN  LANDS. 


a7i 


where 

[placed 

earth 
|To*n- 

a  dis- 
shall 


(i6.)  On  rocks,  or  where  it  is  impossible  to  sink  posts,  they 
shall  be  surrounded  by  a  cairn  of  rocks  at  least  thirty  inches 
high,  the  base  to  be  three  feet  square: 

(i7 )  Four  bearing  trees  shall  be  taken  for  every  post,  the 
trees  being  marked  B.  T.,  with  distance  from  post,  and  faced 
towards  the  post: 

(i8.)  The  lines  through  timber  shall  be  thoroughly  blazed, 
two  blazes  to  be  made  on  each  tree  quartering  on  the  line,  so 
as  to  be  easily  distinguished  and  traced: 

(iQ.)  No  tree  shall  be  blazed  at  a  greater  distance  than  six 
feet  on  either  side  of  the  line: 

(20.)  All  line  trees  shall  be  notched  with  thr^e  notches  on 
each  side  in  the  direction  of  the  line,  and  their  size,  kind  of 
timber,  and  distance  from  the  last  section  corner,  shall  be  given 
in  field-notes: 

(21.)  Surveys  that  have  been  made  in  any  Township,  or  Pre- 
emptions, Military  Grants,  etc.,  to  be  taken  up  when  crossed 
by  Township  or  Section  lines,  and  measurement  made,  and 
bearings  taken  to  the  nearest  post,  in  such  a  manner  that  the 
fractional  quarter-sections  can  be  plotted  and  computed  accu- 
rately.   1884,  c.   16,  s.  70,  part. 

FIELD-BOOKS.  Sec.  4.  Field-books  must  be  ruled  up  the 
center  of  the  page  to  represent  the  line  that  is  being  run,  and 
the  notes  kept  from  the  bottom  towards  the  top,  with  sketches 
on  each  side;  at  the  bottom  of  the  page  mttst  be  written  the 
bearing  of  the  lines  (true  or  magnetic)  and  the  direction  in 
Ahich  it  has  been  run: 

(2.)  The  first  entry  in  the  field-book  each  morning  shall  be 
the  date: 

(3)  The  Surveyor  shall  make  full  notes,  as  he  proceeds,  of 
the  character  of  *he  coumtry,  nature  of  the  soil,  lake*,  timber, 
etc.,  on  both  sides  of  the  line: 

(4)  All  field-notes  must  be  clearly  and  distinc';ly  made  in 
Dencil  on  the  spot:  no  add'tional  notes  should  be  imtered  with 
the  original  notes  after  the  day  on  which  the  latter  are  written. 
duplicates  are  to  be  kept  in   "   k: 

(■n)  Plans  must  be  plotted  on  a  scale  of  four  inches  to  a 
I  mile,  showing  all  the  information  contained  in  the  notes,  with 
I  number  of  page  in  the  field-book  written  on  each  section  line: 

(6.)  The  chaining  must  be  correct  as  possible,  and  the  chain 
[frequently  tested  by  a  standard  measure: 


I 


K'S'UI 


,1 


ZJ2 


BRITISH  COLUMBIA. 


(7.)  All  streams  or  rivers  that  are  crossed  shall  be  noted, 
also  their  width,  volume  and  direction: 

(8.)  Prairie  land,  timber,  nature  of  soil,  etc.,  shall  be  care- 
fully noted: 

(9.)  The  Surveyor  shall  describe  each  section  as  he  com- 
pletes its  survey  in  his  notes,  as  regards  soil,  timber,  etc.,  and 
on  the  completion  of  a  survey  of  a  township,  will  append  a 
general  description  of  the  said  township: 

Cio.)  Meander  posts  will  be  placed  on  the  banks  of  large 
rivers,  lakes,  and  on  the  sea-coast;  and  meanders  made  along 
such  banks  or  sea-shore  where  necessary,  so  as  to  obtain  the 
exact  acreage  of  each  fractional  section.  Meander  lines  must 
close  to  one  hundred  links: 

(11.)  Bearings,  and  distances  to  bearing  trees,  shall  be  care- 
fully noted;  also  the  kind  of  timber  and  size  of  the  vrees: 

(12.)  Indian  villages  or  settlements,  houses  and  cabins,  fields 
or  other  improvements,   shall  be  carefully  noted: 

il^.')  Any  unsurveyed  pre-emption  claims  shall  be  shown  on 
plans  as  correctly  as  possible.  Settlers'  houses  and  improve- 
ments shall  be  carefully  described.  The  names  of  all  bona 
fide  settlers  shall  also  be  carefully  noted: 

(i4-)  All  roads  and  trails,  with  their  directions  whence  and 
whither,  shall  be  carefully  noted: 

(15.)  The  Surveyor  shall  commence  the  survey  of  each  town- 
ship at  the  southeast  corner,  and  complete  the  eastern  tier  of 
sections,  viz:  Nos.  i,  12,  13,  &c.,  first;  then  return  to  the  south- 
ern boundary  of  the  township  and  complete  the  second  tier  of 
sections,  viz:  2,  11,  14,  &c.,  and  so  on  until  the  township  is 
completed.  In  cases  where  it  is  found  absolutely  necessary  to 
deviate  from  this  rule,  the  duplicate  notes  shall  be  arranged 
and  copied  in  regular  order,  as  if  no  such  irregularity  had 
taken  place: 

(16.)  The  field-notes  and  duplicates  must  be  sworn  to  as  cor- 
rect by  the  Surveyor  before  some  person  duly  authorized  to 
administer  oaths  in  the  Province  of  British  Columbia,  prior  to 
their  acceptance  by  the  Chief  Commissioner  of  Lands  and 
Works  or  his  agent: 

(17.)  The  random  lines  run  by  a  contractor  shall  not  be  in- 
cluded in  mileage  to  be  paid  for.    1884,  c.  16,  s.  70,  part. 


PRE 

WJ 

Excep 

family 

and   b( 

decJara 

a  Com: 

officer 

Form   \ 

the  san] 

occupiec 

settJeme: 

extent   ij 

^ard   an( 

^^''ns,  an< 

fJie  Prov 

extend    tc 

*"ch  as  si 

^y  a  sp., 

IJ^e   Li 

'"  the  iirj 

^'■^a   east  1 

•■^undrpd  a 

Sec.  5a. 

Sec.  sb.    A 
Jand   taken 

^'on   until   f 

'"■»uj?ht   unl 

COAfp^f 

^^0^^.    Seel 

<J.'J'>e  such 
"^'^J  order 
«•  4. 

I  "'« 'and  be 


CROWN  LANDS. 


a73 


'^m 


PRE-EMPTION 


OF    SURVEYED    AND     UNSURVEYED 
LANDS. 


WHO  MAY  RECORD  UNSURVEYED  LANDS.  Sec.  5. 
Except  as  hereinafter  appears,  any  person  being  the  head  of  a 
family,  a  widow,  or  single  man  over  the  age  of  eighteen  years, 
and  being  a  British  subject,  or  any  alien,  upon  his  making  a 
declaration  of  his  intention  to  become  a  British  subject  before 
a  Commissioner,  Notary  Public,  Justice  of  the  Peace,  or  other 
officer  appointed  therefor  which  declaration  shall  be  in  the 
Form  No.  i  in  the  Sched  ile  to  this  Act,  and  upon  his  filing 
the  same  with  the  Commissioner,  may  record  any  tract  of  un- 
occupied and  unreserved  Crown  Lands  (not  being  an  Indian 
settlement)  not  exceeding  three  hundred  and  twenty  acres  in 
extent  in  that  portion  of  the  Province  situated  to  the  north- 
ward and  eastward  of  the  Cascade  or  Coast  Range  of  Moun- 
tains, and  one  hundred  and  sixty  acres  in  extent  in  the  rest  of 
the  Province:  Provided,  that  such  right  shall  not  be  held  to 
extend  to  any  of  the  aborigines  of  this  continent,  except  to 
such  as  '  "11  have  obtained  permission  in  writing  to  so  record 
by  a  spvc.       order   of   tlie   Lieutenant-Governor   in    Council. 

The  Lieutenant-Governor  in  Council  may,  by  advertisement 
in  the  British  Columbia  Gazette,  provide  that  in  any  specified 
area  east  of  the  Cascades,  pre-emptions  shall  not  exceed  one 
hundred  and  sixty  acres.     iSgj,  c.   22,   s.  2;   1895,  c.  27,   s.   8. 

Sec.  sa.    (Repealed,  1896,  c.  28,  s.  11.) 

WHEN  PRE-EMPTION  RECORD  TO  BE  GRANTED. 
Sec.  5b.  No  pre-emption  record  shall  be  granted  except  for 
land  taken  up  for  agricultural  purposes,  and  no  certificate  of 
Improvement  or  Crown  Grant  shall  be  issued  for  such  pre-emp- 
tion until  ten  acres  at  least  of  such  pre-emption  have  been 
brouRht   under   cultivation.     1896,   c.  28,   s.    15. 

COMPANY  MAY  RECORD  BY  SPECIAL  PERMIS- 
SION. Sec.  6.  Any  chartered  or  incorporated  company  may  ac- 
quire such  right,  by  obtaining  permission  in  writing  by  a  spe- 
cial order   of   the    Lieutenant-Governor    in    Council.     1884,    c.    16, 

s.  4. 

STAKING  AND  MARKING  BOUNDARIES  OF  CLAIM. 
Sec.  7.    Any  person  desiring  to   pre-empt  as  aforesaid   shall,   if 
'he  land  be  unsurveyed,  first  place  at  each  angle  or  corner  of  the 
18 


274 


BRITISH  COLUMBIA. 


m  'i 


m 


!  i  ^:  i 


land  to  be  applied  for  a  stake  or  post  at  least  four  inches 
square,  and  standing  not  less  than  four  feet  above  the  surface 
of  the  ground;  any  stump  of  a  tree  may  be  used  for  a  post, 
provided  it  be  squared  as  aforesaid,  and  of  the  required  height 
and  dimensions,  and  upon  each  post  a  notice  in  the  following 
form  shall  be  afRxed: — 

"A.  B.'s  land,  N.E.  post"  (meaning  northeast  post) ;  "A. 
B.'s  land,  N.W.  post"  (meaning  northwest  post) ;  and  so  on, 
as  the  case  may  be. 

And  if  such  land  shall  not  be  so  staked  ofiF  and  marked,  the 
applicant  shall  not  have  the  right  to  record  the  land  intended 
by  him  to  be  recorded;   and  if  such  land,  not  having  been  so 
staked  and   marked,   shall   nevertheless  be  recorded  in  favor  of 
the  applicant,  he  shall  have  no  right  at  law  or  in  equity  therein 
or  thereto.    After  the  land  is  so  staked  and  marked,  the  appli- 
cant   shall    then   make    applicxtion    in    writing   to    the    Commis- 
sioner  of  the   district   in    which   the   land   is    situate   to   record 
such  land,  and  in  such  application  the  applicant  must  enclose 
a  full  description  of  the  land  intended  to  be  recorded,  and  en- 
close a  sketch  plan  thereof,  and  such  description  and  plan  shall 
be  in  duplicate;  the  applicant  shall  also  make  before  a  Justice 
of  the  Peace,  Notary  Public,  or  Commissioner,  and  furnish  the 
Commissioner  with,  a  declaration  in  duplicate,  in  the  Form  No. 
2  in  the  Schedule  hereto;  and  if  the  applicant  shall  in  such  dec- 
laration make  any  statement,  knowing  the  same  to  be  false,  he 
shall  have  no  right  at  law  or  in  equity  to  the  land  the  record 
of  which  he  may  have  obtained  by  the  making  of  such  declara- 
tion.    1884,   c.   16,  s.   s. 

PRE-EMPTION  OF  UNSURVEYED  LAND.    Sec.  8.    Any 
person  desiring  to  pre-empt  surveyed  land  must  make  application 
in  writing  to  the  Commissioner  of  the  district  in  which  the  land 
is  situate  to  record  such  land,   and  in  such  application  the  ap- 
plicant must  give  the  surveyed  description  of  the  land  intended 
to   be   recorded,    and   enclose    a    sketch    plan   thereof,    and   such 
description   and   plan   shall  be  in   duplicate;   the  applicant  shall 
also  make  before  a  Justice  of  the  Peace,  Notary  Public,  or  Com- 
missioner, and  furnish  the  Commissioner  with,  a  declaration  in 
duplicate,   in  the    Form   No.   2   in  the   Schedule  hereto;  and  if 
the    applicant    shall    in    such    declaration    make    any    statement, 
knowing   the  same  to   be  false,    he   shall   have  no   right  at  law 
or  in  equity  to  the  land  the  record  of  which  he  taay  have  ob- 
tained   by    the    making   of    such    declaration.     1884,    c.    16,    ^.  6. 


NA' 

Jn  who 

empted 

veyed  J 

it   shall 

Commis 

circums 

other  b<; 

be  run 

16.  s.  8. 

RECl 
niissioneJ 
any  Gov] 
or  by  hij 
Pre-empt( 
subsequeJ 
occupied 
ProvisionJ 
think  pro 
^^tfe  notil 
aifl  the  J 
f'"s  Provl 
^'sions  ofl 
^PpJy  to  a| 
''^^n  issue 


CROWN  LANDS. 


27S 


SHAPE  OF  CLAIM.  Sec.  9.  Every  piece  of  such  unoccu- 
pied, unsurveyed,  and  unreserved  land  aforesaid,  sought  to  be 
pre-empted  under  the  provisions  of  this  Act,  shall,  save  as  here- 
inafter is  provided,  be  of  rectangular  or  of  square  shape,  and 
three  hundred  and  twenty  acres  shall  measure  forty  chains  by 
eight}  chains  (equal  to  eight  hundred  and  eighty  yards  by  sev- 
enteen hundred  and  sixty  yards),  and  one  hundred  and  sixty 
acres  shall  either  measure  forty  chains  by  forty  chains  (equal  tO' 
eight  hundred  and  eighty  yards  by  eight  hundred  and  eighty 
yards)  or  twenvy  chaios  by  eighty  chains  (equal  to  four  hun- 
dred and  forty  yards  by  seventeen  hundred  and  sixty  yards). 
Eighty  acres  shall  measure  twenty  chains  by  forty  chains,  and 
furty  acres  shall  measure  twenty  chaiws  by  twenty  chains.  All 
lines  shall  be  run  true  north  and  south,  and  true  east  and  west. 
1892,  c.  25,  s.  2;  1893,  c.  22,  s.  3,  part. 

NATURAL  BOUNDARIES.  Sec.  10.  Where  such  land  is 
in  whole  or  in  part  bounded  by  any  lake  or  river,  or  by  any  pre- 
empted or  surveyed  land,  such  lake,  river,  pre-empted  or  sur- 
veyed land  may  be  adopted  as  the  boundary  of  such  land;  and 
it  shall  be  sufficient  for  the  applicant  to  show  to  the  Chief 
Commissioner  that  the  form  of  the  land  conforms,  as  nearly  as 
circumstances  permit,  to  the  provisions  of  this  Act;  but  all 
other  boundary  lines,  except  as  mentioned  in  this  section,  shall 
be  run  true  north  and  south,  and  true  east  and  west.  1884,  c. 
16.  s.  8. 

RECTIFICATION  OF  SURVEY.  Sec.  11.  The  Chief  Com- 
missioner  of  Lands  and  Works  may,  however,  in  carrying  out 
any  Government  survey,  or  any  survey  authorized  by  this  Act, 
or  by  him,  if,  in  his  opinion,  circumstances  require  it,  survey 
pre-emption  claims  or  purchased  lands  recorded  previous  or 
subsequent  to  the  date  of  this  Act,  and  also  unsurveyed,  un- 
occupied and  unreserved  land  as  aforesaid,  recorded  under  the 
provisions  of  this  Act,  by  such  metes  and  bounds  as  he  may 
think  proper;  and  every  survey  so  made  and  certified  by  Ga- 
zette notice  shall  be  binding  upon  all  parties  affected  thereby; 
and  the  survey,  so  certified,  shall  be  deemed  in  any  court  of 
this  Province  to  have  been  done  in  compliance  with  the  pro- 
visions of  this  Act;  but  nothing  in  this  section  contained  shall 
apply  to  any  land  when  a  Crown  grant  thereof  has  or  shall  have 
been  issued.     1884,  c.   16,  s.  9. 


ill 


y  U 


'■■\i 


276 


BRITISH  COLUMBIA. 


CERTIFICATE  OF  RECORD.  Sec.  12.  Upon  the  compli- 
ance by  the  applicant  with  the  provisions  hereinbefore  contained, 
and  upon  payment  by  him  of  the  sum  of  two  dollars  to  the  Com- 
missioner, the  Commissioner  shall  record  such  land  in  his 
favor  as  a  pre-emption  claim,  and  give  him  a  certificate  of 
such  pre-emption  record,  in  the  Form  No.  3  in  the  Schedule 
hereto;  and  such  record  shall  be  made  by  the  Commissioner 
in  triplicate,  the  original  to  be  handed  to  the  pre-emptor,  a 
duplicate  to  be  retained  by  the  Commissioner  for  local  refer- 
ence, and  the  triplicate  to  be  forwarded  forthwith  to  the  head 
office  of  the  Lands  and  Works  Department,  to  be  there  ex- 
amined, and  if  found  in  all  respects  (or,  if  necessary,  after 
having  been  amended  by  the  Chief  Commissioner  of  Lands  and 
Works  so  as  to  be)  in  accordance  with  the  provisions  of  this 
Act,  to  be  finally  entered  in  the  Land  Office  Register,  the  pre- 
emptor  to  be  notified  of  any  alterations  being  made  in  the  de- 
scription of  his  claim,  whose  duty  it  shall  be  to  alter  his  stakes 
so  as  to  agree  with  the  amended  description,     1884,  c.   16,  s.   10. 

ENTRY  TO  BE  WITHIN  THIRTY  DAYS.  Sec.  13.  The 
pre-emptor  shall,  within  thirty  days  after  the  date  of  the  cer- 
tificate of  record,  enter  into  occupation  of  the  land  so  recorded; 
and  if  he  shall  cease  to  occupy  such  land,  save  as  hereinafter  is 
provided,  the  Commissioner  may,  in  a  summary  way,  upon 
being  satisfied  of  such  cessation  of  occupation,  cancel  the  rec- 
ord of  the  settler  so  ceasing  to  occupy  the  same,  and  all  im- 
provements and  buildings  made  and  erected  on  such  land  shall 
be  absolutely  forfeited  to  the  Crown,  and  such  settler  shall 
have  no  further  right  therein  or  thereto;  and  the  certificate  of 
record  given  to  such  pre-emptor  shall  be  deemed  to  be  null  and 
void  to  all  intents  and  purposes  whatsoever;  and  the  said  land 
may  be  recorded  anew  by  the  Commissioner,  in  the  name  ot, 
or  upon  application  bv,  any  person  satisfying  the  requirements 
in  that  behalf  of  this  Act.     1884,  c.   16,  s.  11. 

MEANING  OF  OCCUPATION.  Sec.  14.  The  occupation  in 
this  Act  required  shall  mean  a  continuous  bona  fide  personal 
residence  of  the  pre-emptor,  or  of  his  family,  on  the  land  re- 
corded by  him.     l8gi,  c.    15,  ».    1. 

HOW  LONG  rUE-EMPTOR  MAY  BE  ABSENT  FROM 
HIS  CLAIM.  Sec.  15.  Every  pre-emptor,  as  well  as  his  famil/ 
(if  any),   shall  he  entitled  to  be  absent  from  the  land  recorded 


by 

dur 

occi 

for  i 
videi 

LI 

show 

Comr 

for  ai 

year, 

Provid 

out  in 

a  dupJ: 

ence.   j 

office  o 

touched 

settlers 

to  their 

"lissione 

^"  exten 

^'^'nt   froi 

'884.  c.   X 

ONE  TI 

^^^  same 

pre-empt,-, 

3"d  interc 

P''«venient 

made  to  c 

"^  such  pi 

'■  15. 

^^  PRE. 

'and  shall 

"■'■f'^'n   fivef 
3  surveyor 
r'^   Co,„l 

°'  ^"'■nardef 


:d 


VI 


CROWN  LANDS. 


VJ7 


e 


hall 
hall 
oi 

and 

land 
e   oi, 

ent5 

Ion  vn 
[■sonal 
Id  te- 

koM 

corded 


by  such  settler  for  any  one  period  not  exceeding  two  months 
during  any  one  year.  He  shall  be  deemed  to  have  ceased  to 
occupy  such  land  when  he  shall  have  been  absent,  continuously, 
for  a  longer  period  than  two  months,  except  as  hereinafter  pro- 
vided.   1884,  c,  16,  s.  13;  1891,  c.  IS,  s.  2. 

LEAVE  OF  ABSENCE.  Sec.  16.  If  any  pre-emptor  shall 
show  good  cause  to  the  satisfaction  of  the  Commissioner,  such 
Commissioner  may  grant  to  the  said  pre-emptor  leave  of  absence 
for  any  period  of  time,  not  exceeding  six  months  in  any  one 
year,  inclusive  of  the  two  months'  absence  from  his  claim 
provided  for  in  section  15.  Such  leave  of  aljsence  shall  be  made 
out  in  triplicate,  the  original  to  be  handed  to  the  pre-emptor, 
a  duplicate  to  be  retained  by  the  Commissioner  for  local  refer- 
ence, and  a  triplicate  to  be  forwarded  forthwith  to  the  head 
office  of  the  Lands  nnd  Works  Department.  In  cases  of  illness, 
vouched  for  by  sufficient  evidence,  or  in  the  case  of  immigrant 
settlers  returning  to  their  former  homes  to  bring  their  families 
to  their  homesteads,  or  in  other  special  cases,  the  Chief  Com- 
missioner of  Lands  and  Works  may  in  his  discretion  grant 
an  extension  of  time  during  which  the  pre-emptor  niay  be  ab- 
sent from  his  claim,  without  prejudice  to  his  ri^jht  therein. 
1884,  c.  16,  s.  14;   1890,  c.  22,  s.  3;  1891,  c.   15,  s*.  3. 

ONLY  ONE  CLAIM  BY  RECORD  TO  BE  ilEin  AT 
ONE  TIME.  Sec.  17.  No  person  shall  be  entitled  to  hold  at 
the  same  time  two  claims  bj'  pre-emption;  and  any  person  so 
pre-empting  more  than  one  claim  shall  forfeit  all  right,  title, 
and  interest  to  the  prior  claim  recorded  by  him,  and  to  all  inv 
provements  made  and  erected  thereon,  and  deposits  of  money 
made  to  Government  on  account  thereof;  and  the  land  included 
in  such  prior  claim  shall  be  open  for  pre-emption.  1884,  c.  16, 
s.   IS- 

LAND  SHALL  BE  SURVEYED  AT  THE  EXPENSE 
OF  PRE  EMPTOR.  Sec.  iS.  Any  pre-emptor  of  unsurveyed 
land  shall  have  the  land  recorded  by  him  surveyed  at  his  own 
expense  (subject,  however,  to  a  rectification  of  boundaries) 
within  five  years  from  the  date  of  the  pre-emption  record  by 
a  surveyor  approved  of  and  acting  under  instructions  from  the 
Chief  Commissioner  of  Lands  and  Works.  The  field-notes 
(original  and  duplicate")  and  a  sketch  of  any  such  survey  must 
be  forwarded  to  the  head  office  of  the  Lands  and  Works  Depart- 


I 


iM4 


378 


BRITISH  COLUMBIA. 


IIHI 


\m 


\hii 


ment  within  thirty  days  from  the  date  of  completion  of  such 
survey;  and  should  such  survey  be  accepted  by  the  Depart- 
ment a  notice  thereof  shall  be  published  in  the  British  Colum* 
bia  Gazette  for  a  period  of  sixty  days,  giving  -  the  official  de- 
scription  of  the  land,  also  the  name  of  the  pre-emptor  for  whom 
the  land  was  surveyed,  during  which  period  any  other  parties 
having  claims  to  such  land  must  file  a  statement  of  their  claims 
thereto  with  the  Commissioner,  and  unless  two  or  more  parties 
are  claimants  of  the  same  land,  the  Commissioner,  at  the  ex- 
piration of  such  sixty  days,  shall  record  such  surveyed  land  in 
the  name  of  the  pre-emptor.    1895,  c.  27,  s.  a. 

WHEN    LAND    INCLUDED    IN    OFFICIAL    SURVEY 
AND     ON     PRE-EMPTOR     FURNISHING     A    CERTAIN 
STATEMENT  AND  DECLARATION,  SUCH  LAND  TO  BE 
RECORDED  IN  THE  NAME  OF  THE  PRE-EMPTOR.    Sec. 
19.     Where   any    Government   survey   shall    be   made,    in   which 
shall  be  included  the  land  recorded  by  any  pre-emptor,  and  a 
map  of  such  survey  shall  have  been  deposited  in  the  office  of  the 
Commissioner,    and    notice    thereof    shall    have    been    published 
in  the   P.ritish   Columbia  Gazette,  such   pre-emptor  shall,   within 
two  months  thereafter,  make  and  file  with  the  Commissioner  a 
declaration  in  the  form  No.  6  of  Sch  'dule  hereto  annexed,  de- 
scribing the  land  settled  upon  by  such  pre-emptor,  based  upon 
the   survey  made,  giving  the  number  of  the  township,   section, 
quarter-section,  or  fraction  thereof,  if  any,  as  the  case  may  be; 
and  unless  two  or  more  parties  are  claimants  of  the  same  land, 
the  Ccimmissioner  shall,  at  the  expiration  of  such  two  months, 
record  such  land  in  the  name  of  such  pre-emptor,  without  any 
further    declaration    by    him:    Provided,    however,    that    if    such 
declaration    shall    have    been    found    to    have    been    fraudulently 
made,   or   to   contain   wilfully   false   statements,   the   land  so  re- 
corded, with  all  improvements  thereon,  shall  be  forfeited  to  the 
Crown,  and  such  pre-emptor  shall  have  no  further  right  therein 
or  thereto;   and  the  Chief  Commissioner  of   Lands   and   Works 
may  cancel  the  record  of  such  land  in   Ihe   books  of  the  Land 
Office,   and   the   certificate  of   such   record    shall   I'lenceforth  be 
deemed  to  be  null  and  void  to  all  intents  and  purposes  whatso- 
ever.   18S4,  c.   16,  s.   17. 

COMMISSIONER   TO    DECIDE    CERTAIN    DISPUTES. 
Sec.  20.    When  the  land  shall  have  been   surveyed,  and  in  the 


ever 

Com 

sion< 

by  t 

powe 

claim 

deem 

have 

ties  ai 

Asssis: 

the  CI 
appeal 

PR£ 

2i.    Anj 

nership 

land,   sh 

to  the  £ 

^ixty  aci 

interest  : 

so  held  » 
If 


CROWN   LANDS. 


-279 


sv 
lei 


nd, 
nihs, 

any 

uch 

ntly 
o  re- 

0  the 
erein 

\rorks 
Land 

•th  be 
batso- 

LTTES. 

1  in  the 


event  of  two  or  more  parties  claiming  the  same  land,  the  Chief 
Commissioner  of  Lands  and  Works,  or  the  Assistant  Commis- 
sioner of  Lands  and  Works  for  the  District  when  so  directed 
by  the  Chief  Commissioner  of  Lands  and  Works,  shall  have 
power  to  hear,  settle,  and  determine  the  rights  of  the  adverse 
claimants,  and  to  make  such  order  in  the  premises  as  he  may 
deem  just;  and  for  all  or  any  of  the  purposes  aforesaid  he  shall 
have  full  power  to  summon  and  examine,  under  oath,  the  par- 
ties and  witnesses,  but  such  decision  and  order  if  made  by  an 
Asssistaut  Commissioner  (if  any)  shall  be  subject  to  review  by 
the  Chief  Commissioner  of  Lands  and  Works,  and  subject  to 
appeal  as  provided  by  section  103  of  this  Act.    1895,  c.  27,  s.  3. 

PRE-EMPTION  FOR  PARTNERSHIP  PURPOSES.  Sec. 
21.  Any  number  of  persons,  not  exceeding  four,  uniting  in  part- 
nership for  the  purpose  of  pre-empting,  holding,  and  working 
land,  shall  be  eligible  to  preempt  as  a  firm,  an  area  of  land 
to  the  extent  to  each  partner  in  the  firm  of  one  hundred  and 
sixty  acres.  Each  partner  in  any  such  firm  shall  represent  his 
interest  in  the  firm  by  occupation  of  some  portion  of  the  land 
so  held  by  such  firm;  but  it  shall  not  be  necessary  in  such  case 
that  each  partner  shall  reside  on  his  particular  pre-emption. 
Partners  in  such  firm  may  reside  together  on  one  homestead ; 
provided  such  homestead  be  situated  upon  some  portion  of 
the  land  pre-empted  and  occupied  by  such  firm.  For  the  pur- 
pose of  obtaining  a  certificate  of  improvement  to  land  pre- 
empted under  this  section,  it  shall  be  sufficient  to  show  to  the 
Commissioner  that  improvements  amounting  in  the  aggregate 
to  two  dollars  and  fifty  cents  per  acre  of  the  whole  land  have 
been  made  on  some  portion  thereof.  1884,  c.  16,  s.  19;  1893, 
c.  25,  s.   3. 

CERTIFICATE  OF  IMPROVEMENT.  Sec.  22.  A  pre-emptor 
of  surveyed  land,  who  has  been  in  occupation  of  his  pre-emp- 
tion claim  for  not  less  than  two  years  from  the  date  of  its 
record,  shall  be  entitled  to  receive  from  the  Commissioner  a 
certificate,  to  be  called  a  "Certificate  of  Improvement,"  in  the 
Form  No.  4  in  the  Schedule  hereto,  upon  his  proving  to  the 
Commissioner,  by  the  declarations  in  writing  of  himself  and 
two  other  persons,  or  in  such  other  manner  as  the  Commis- 
sioner may  require,  that  he  has  been  in  occupation  of  his  pre- 
fmption   claim    from    the   date    of   the   record   thereof,    and    has 


[■:, 


ii\ 


i\ 


aSo 


BRITISH  COLUMBIA. 


VJ 


'  ''A 


made  permanent  improvements  thereon  to  the  value  of  two 
dollars  and  fifty  cents  per  acre,  and  such  declaration  shall  be 
in  the  Form  No,  s  in  the  Schedule  hereto.  Such  certificate 
shall  be  in  triplicate,  one  part  to  be  handed  to  the  pre-emptor, 
another  part  retained  by  the  Commissioner  for  local  reference, 
and  the  third  part  transmitted  forthwith  to  the  head  office  of 
the  Lands  and  Works  Department;  and  it  shall  be  the  duty 
of  the  Commissioner  to  note  the  issue  of  such  certificate  on 
the  duplicate  pre-emption  record  thereof  retained  in  the  Com- 
missioner's office.     1884,  c.   16,  s.  20]  1893,  c-  22,  s.  4,  part. 

MAKING  AND  FILING  DECLARATIONS  REQUIRED 
BY  THIS  ACT.  Sec.  23.  All  declarations  authorized  to  be 
made  under  the  provisions  of  this  Act  shall  be  subscribed  by 
the  person  making  the  same,  and  shall  be  filed  with  the  Commis- 
sioner, who  is  hereby  fully  authorized  nnd  empowered  to  take 
the  same;  and  shall  be  made  before  such  Commissioner,  or  be- 
fore any  Notary  Public  or  Justice  of  the  Peace,  under  the  sub- 
ject to  the  provisions  and  penalties  of  the  ''Oaths  Act."  1884, 
c.   18,  s.  21. 

PRICE.  Sec.  24.  Every  person  pre-empting  surveyed  or  un- 
surveyed  land  shall  pay  one  dollar  per  acre  for  the  same  to  the 
Commissioner,  at  his  office,  in  four  equal  annual  instalments 
of  twenty-five  cents  each  per  acre.  The  first  instalment  shall 
be  due  two  years  from  the  date  of  the  record  of  the  land  pre- 
empted, and  each  subsequent  instalment  yearly  thereafter  until 
the  full  amount  is  paid.  If  default  be  made  in  payment  of  any 
of  the  instalments  acording  to  the  terms  hereof,  together  with 
survey  charges  (if  any),  the  record  made  of  the  said  lands  may 
be  canceled  by  the  Chief  Commissioner  of  Lands  and  Works, 
and  in  case  of  such  cancellation,  then  the  land  with  the  im- 
provements (if  any)  thereon,  together  with  any  instalments 
paid  thereon,  shall  be  absolutely  forfeited  to  the  Crown.  All 
instalments  which  are  not  paid  on  or  before  the  date  herein 
provided  shall  bear  interest  at  the  rate  of  six  per  cent,  per 
anntim.  and  over-due  instalments,  together  with  interest,  may 
be  accepted  by  the  Commissioner  in  lieu  of  and  at  any  time 
before  the  cancellation  of  the  record.     1895,  c.  27,  s.  4. 

ARREARS  OUTSTANDING  ON  21st  FEBRUARY,  1895. 
HOW  DEALT  WITH.  Sec.  24a.  All  arrears  upon  pre-emp- 
tions   or   purchases   outstanding   on    the   21st    day   of    February, 


^895 
tion 
anni 
ance 
togei 
becoi 
1S95. 
CI 
$1  Pf 
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dollar 
convej 
'ee  sin 
certific 
upon  p 
Crown 
have  d« 
subject, 
•1  natura 
pre-empt 
f^mption  I 

No 

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land   pre] 

Crown  gl 

s.  24. 

heirI 

TO  CR( ' 

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case  may  I 

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payment  fl 

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from  the 

^^  Lands 

Provementj 

•■espect  tht 


CROWN  LANDS. 


281 


un- 


1895. 
jruary* 


189s,  may  be  either  dealt  with  by  the  Commissioner  under  sec- 
tion 36  of  this  Act,  or  may  be  accepted  by  him  in  five  equal 
annual  instalments,  together  with  interest  on  the  unpaid  bal- 
ance at  the  rate  of  six  per  cent,  per  annum,  the  first  instalment* 
together  with  interest,  from  the  21st  day  of  February,  1895,  to 
become  due  and  be  paid  on  or  before  the  31st  of  December, 
1895.    1895,  c.  27,   s.    5. 

CROWN  GRANT  TO  BE  ISSUED  ON  PAYMENT  OF 
$1  PER  ACRE.  Sec.  25.  After  the  grant  of  a  certificate  of  im- 
provement as  aforesaid  to  the  pre-emptor,  and  payment  of  one 
dollar  per  acre  for  the  land  has  been  made,  a  Crown  grant  or 
conveyance,  in  the  form  No.  7  in  the  Schedule  hereto,  of  the 
iee  simple  of  and  in  the  land  mentioned  as  recorded  in  such 
certificate,  shall  be  executed  in  favor  of  the  said  pre-emptor, 
upon  payment  of  the  sum  of  five  dollars  therefor;  but  no  such 
Crown  grant  shall  be  executed  in  favor  of  any  alien  who  may 
have  declared  as  aforesaid  his  intention  of  becoming  a  British 
subject,  until  such  alien  shall  have  become,  according  to  law, 
a  naturalized  subject;  and  no  Crown  grant  shall  issue  until  the 
pre-emptor  or  his  family  shall  have  bona  fide  occupied  the  pre- 
emption for  at  least  two  years.    1884,  c.  16,  s.  23;  1891,  c.  15,  s.  12. 

NO  TRANSFER  VALID  UNTIL  CROWN  GRANT  IS 
ISSUED.  Sec.  26.  No  transfer  of  any  surveyed  or  unsurveyed 
land  pre-empted  under  this  Act  shall  be  valid,  until  after  a 
Crown  grant  of  the  same  shall  have  been  issued.  1884,  c.  16, 
s.  24. 

HEIRS  OR  DEVISEES  OF  PRE-EMPTOR  ENTITLED 
TO  CROWN  GRANT.  Sec.  27.  In  the  event  of  the  death  of 
any  pre-emptor  under  this  Act,  his  heirs  or  devisees  (as  the 
case  may  be)  shall  be  entitled  to  a  Crown  grant  of  the  land  in- 
cluded in  such  pre-emption  claim,  if  lawfully  held  and  occupied 
by  such  pre-emptor  at  the  time  of  his  decease,  but  subject  to 
the  issuing  of  the  certificate  of  improvement  as  aforesaid,  and 
payment  for  the  land;  but  if  no  person  makes  any  application  in 
respect  of  the  said  pre-empted  land,  for  a  period  of  one  year 
from  the  death  of  the  said  pre-emptor,  the  Chief  Commissioner 
of  Lands  and  Works  may  r:\ncel  the  said  record,  and  all  im- 
provements made  on  the  said  land,  and  all  moneys  paid  in 
respect  thereof,  shall  be  fo.ieitecl    1S84,  c.   16,  s.  25. 

COMPLETION  OF  CERIAIN  TITLES.    Sec.  28.    Any  per- 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


11.25 


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33  WEST  MAIN  STRUT 

MiISSTM.N.Y.  MSM 

(716)t72-4S03 


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a&2 


BRITISH  COLUMBIA. 


son  who  has  acquired  or  may  acquire  a  right  to  any  Crown 
lands  shall  be  governed  by  and  shall  complete  his  title  thereto 
under  the  provisions  of  the  Act  or  Acts  under  which  the  land 
was  taken  up,  in  the  same  manner  as  if  the  said  Acts  were  in 
force,  and  the  provisions  of  any  subsequent  amending  \ct, 
whether  imposing  further  conditions,  or  relieving  from  condi- 
tions  then  existing,  or  relating  to  procedure,  shall  not,  except 
as  is  specially  provided  in  any  such  amending  Act,  apply  to  the 
lands  to  which  a  right  may  have  been  so  acquired.  1895,  c.  37, 
s.   6. 

Sec.  29.    (Repealed  by  c.  35,  s.  4,  1893.) 


SALE  OF  CROWN  LANDS. 

PURCHASE  OF  CROWN  LANDS.    Sec.  29a.    Every  person 
desiring  to  purchase   unsurveyed,    unoccupied,   and   unreser/ed 
Crown  lands  shall  give  two  months*  notice  of  his  intended  appli* 
cation  to  purchase,  by  a  notice  inserted,  at  the  expense  of  the 
applicant,  in  the   British   Columbia  Gazette,  and  in  any  news* 
paper  circulating  in  the  district  wherein  such  land  lies;  such  no- 
tice shall  not  include  a  greater  area  of  land  than  six  hundred 
and  forty  acres,  and  shall  state  the  name  of  the  applicant,  the  lo* 
cality,    boundaries,   and   extent   of  the  land   applied  for;    such 
notice   shall   be   dated,   and   shall   be   posted  in  a   conspicuous 
place  on  the  land  sought  to  be  acquired,  and  on  the  Govern* 
ment  OfHce,  if  any,  in  the  district.    He  shall  also  place  at  one 
■angle  or  corner  of  the  land  to  be  applied  for  a  stake  or  post 
to   be  known   as   the  initial  post,   at   least  four  inches   square, 
and  standing  not  less  than  four  feet  above  the  surface  of  the 
ground;  and  upon  such  initial  post  he  shall  inscribe  his  name, 
and    the    angle    represented     thereby,     thus:    "A.     B.'s    N.    E. 
corner"   (meaning    Northeast    corner)  or  as  the  case  may  bfe 
Except  such  initial  post  is  so  planted  before  the  above  notice 
is  given  all  the  proceedings  taken   by  the  applicant   shall  be 
void.    He  shall  also  deposit  twenty*five  per  cent,   of  the  pur 
chase  money  with  the  Commissioner,  together  with  his  appli* 
cation  to   purchase,   within  ninety  days  from  the  date  of  the 
staking   of  the   land  applied  for,   and  he   shall  have  the  land 
required  surveyed,  at  his  own  cost,  by  a  duly  authorized  Pro* 
vincial   Land   Surveyor;  and  such  lands  shall  be  surveyed  on 


CROWN  LANDS. 


^ 


)erson 
ser/ed 
appti* 
of  the 
I  news- 
ich  no- 
undred 
the  lo- 
;   such 
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the  land 
ized  Pro- 
reyed  on 


the  rectangular  or  square  si/ stem  now  adopted  by  the  Gov* 
emment,  and  all  linea  shall  be  run  due  north  and  south  and 
due  east  and  west,  except  where  from  thft  nature  of  surveys 
made  it  would  be  impossible  to  conform  to  the  above  system; 
and  wherever  possible  the  said  stirvey  shall  be  connected  witk 
some  known  point  in  previous  surveys,  or  with  some  other 
known  point  or  boundary. 

(i.)    It  shall  be  the  duty  of  the  surveyor    to    classify    the 
lands  so  surveyed  as  timber  lands,  first-class,   second-class,  or 
third-class  lands,  adopting  for  the  purposes  of  such  classifica- 
tion   the    distinctions   contained   in    the   next    ensuing   sub-sec* 
tion,    and   he   shall    make  full   and   accturate   field-notes   of   his 
survey,  and  upon  completion  of  th^  survey  shall  file  such  notes 
and  a  report  of  his  survey  in  the  office  of  the  Chief  Commis* 
sioner  of   Lands  and  Works,   acompanied  by  a  statutory  dec- 
laration verifying  such  notes,   and   showing  the  area   of   first* 
class,    second-class,    or    third-class    lands    which   are   embraced 
by  such  survey;  and  such  declaration  shall  also  state  whether 
in  his  opinion  any  of  such  land,  and  if  so  what,  is  likely  to  be 
required  for  the  purposes  of  a  town  site  or  fishing-station,  and 
whether  the  granting  of  such  land  or  any  of  it  would  prevent 
or  hamper  the  development  of  any  adjoining  natural  resources. 
(2.)    Lands  which  arc  suitable  for  agricultural  purposes,   or 
which   are  capable  of   being   brought   under   cultivation   profit* 
ably,  or  which  are  wild  hay  meadow  lands,  shall  rank  as  and 
be  considered   to   be  first-class   lands.    Lands   which   are   suit- 
able for  agricultural   purposes  only  when   artificially   irrigated, 
and  which  do  not  contain  timber  valuable  for  lumbering  pur- 
poses, as  defined  below,  shall  rank  as  and  be  considered  to  be 
second-class   lands.    Mountainous    and    rocky    tracts    of    land 
which   are   wholly    unfit   for   agricultural    purposes,    and   which 
cannot,  under  any  reasonable  conditions,  be  brought  under  cul* 
tivation.  and  which  do  not  contain  timber  suitable  for  lumber* 
ing  purposes,  as  defined  below,  or  hay  meadows,  shall  rank  as 
and  be  considered  to  be  third-class  or  pastoral  lands. 

TIMBER  LANDS.— (a.)  Timber  lands  (i.  e.,  lands  which 
contain  milling  timber  to  the  average  extent  of  eight  thousand 
feet  per  acre  west  of  the  Cascades,  and  five  thousand  feet  per 
acre  east  of  the  Cascades,  to  each  one  hundred  and  sixty  acres) 
•hall  not  be  open  for  sale. 


BRITISH  COLUMBIA. 


PRICE. — (3.)  The  Chief  Commissioner  of  Lands  and 
Works  after  examination  of  the  report  of  the  survey,  the  field 
notes  thereof,  with  the  statutory  declaration  of  the  Surveyor, 
and  all  other  documents  and  information  in  relation  to  the 
application,  and  of  th6  character  of  the  land  applied  for, 
which  shall  be  procurable,  if  satisfied  with  the  information, 
and  that  it  is  not  contrary  to  the  public  interest  that  the  sale 
should  be  made  (but  not  otherwise),  shall  name  the  price, 
based  upon  the  classification  provided  by  the  preceding  sub- 
section, at  which  the  land  applied  for,  or  any  portion  thereof, 
may  be  sold  to  the  applicant,  and  thereupon,  but  not  sooner, 
the  sale  may  be  allowed  to  proceed.  The  price  of  first-class 
lands  shall  be  five  dollars  per  acre;  that  of  second-class  lands, 
two  dollars  and  fifty  cents  per  acre;  and  that  of  third-class 
lands,  one  dollar  per  acre.  The  purchase  money  shall  be  paid 
in  full  at  the  time  of  the  purchase,  twenty-five  per  cent,  being 
paid  as  before  provided,  and  the  remaining  seventy-five  per 
cent,  when  the  survey  shall  have  been  accepted  and  the  sale  al- 
lowed to  proceed  by  the  Chief  Commissioner  of  Lands  and 
Works;  but  no  right  or  title  can  be  acquired  to  any  such  land 
until  after  such  land  shall  have  been  surveyed,  and  such  sur- 
vey shall  have  been  accepted  by  the  Chief  Commissioner  of 
Lands  and  Works,  and  the  payment  in  full  made  for  such 
land. 

ADDITIONAL  SURVEYS.— (4.)  If  the  Chief  Commis- 
sioner shall  not  be  satisfied  with  the  survey,  or  for  any  cause 
shall  desire  further  information  concerning  the  land  applied 
for,  he  may  cause  such  additional  surveys  to  be  made  and  in- 
formation to  be  procured  as  he  may  see  fit. 

LESS  THAN  160  ACRES  NOT  TO  BE  SOLD.— (o.)  Pro- 
vided always,  that  it  shall  not  be  lawful  to  survey  or  sell  any 
lands  under  authority  of  this  section  in  such  manner  as  to  dis- 
pose of  a  less  Quantity  oi  land  than  one  hundred  and  sixty 
acres,  measuring  forty  chains  by  forty  chains  (except  where 
such  area  cannot  be  obtained),  nor  more  than  six  hundred  and 
forty  acres,  measuring  eighty  chains  by  eighty  chains,  nor 
shall  the  application  nor  deposit  of  twenty-five  per  cent,  on  the 
purchase  money  above  mentioned  of  itself  confer  any  right 
or  title  to  the  land  applied  for  upon  the  applicant 

COMPLETION      OF      PURCHASE       WITHIN       SIX 


CROWN  LANDS. 


aSs 


MONTHS.— (b.)  Provided  that,  unless  good  and  sufficient 
cause  to  the  satisfaction  of  the  Chief  Commissioner  of  Lands 
and  Works  be  shown  to  the  contrary,  the  survey  must  be  com- 
pleted and  payment  in  full  must  be  made  for  all  land  sought 
to  be  acquired  under  the  provisions  of  this  section  within  six 
months  from  the  date  of  application  to  purchase;  in  default 
of  which  all  claim  of  the  rpplicant  to  the  land  applied  for 
shall  cease  and  determine,  and  the  money  deposited  at  the  date 
of  application  shall  be  absolutely  forfeited  to  the  Crown,  and 
the  land  shall  thenceforth  be  open  to  pre-emption  and  purchase 
by  any  other  person. 

ONE  APPLICATION  TO  BE  COMPLETED  OR  ABAN- 
DONED   BEFORE    ANOTHER    IS   MADE    OR    CERTIFI- 
CATE   OF     IMPROVEMENTS    OBTAINED.-(c.)    Provided 
also,  that  no  person  who  has  given  notice  of  his  intention  to 
make  application  to  purchase  lands  under  the  provisions  of  this 
section  shall  be  entitled  to  give  notice  of  his  intention  to  make 
application   to   purchase   any   other   lands   under   the   provisions 
of  this  sectfor.  until   after  he   shall   have   either  abandoned   his 
application  to  purchase  or  acquired  a  Crown  grant  of  the  lands 
ior  which   he   had   previously   given   notice   of  his   intention  to 
make  application  to  purchase,  and  shall  have  ubtamed  a  certifi- 
cate   from    the    Commissioner    that    he    has    improved    the    said 
land  to  the  extent  of  five  dollars   per  acre  if  first  class  land, 
two  dollars  and  fifty   cents  per  acre  if  second   class  land,   and 
one  dollar  per  acre  if  third-class  land;  land  which  is  bona  fide 
cultivated  shall  be  deemed  to  be  improved  land,  and  in  other 
respects  section  22  of  this   Act  shall   apply:    Provided,   always, 
that  no  person  shall  purchase  more  than  one  tract  of  land,  of 
whatever  extent,   under  this  section   until   the  above-mentioned 
improvements   have   been    completed   in    accordance    with    this 
Act. 

PRIORITY  IN  CASE  OF  TWO  APPLICANTS.— («f.) 
Provided  further,  that  when  there  are  two  or  more  applicants 
'or  the  same  tract  of  land,  and  a  prior  right  of  either  or  any 
■^t  the  applicants  is  not  established  to  the  satisfaction  of  the 
Chief  Commissioner  of  Lands  and  Works,  the  same  may  be 
tendered  for  by  the  applicants  and  sold  to  the  highest  bidder. 
'896,  c.  28,  8.  la. 

SURVEYED    LAND.- -Sec.  agb.    So  much  of  the  unappro- 


286 


BRITISH  COLUMBIA. 


priated  and  unoccupied  lands  of  the  I'rovince,  the  surveys  of 
which  have  been  duly  made  and  confirmed  in  the  British  Co* 
lumb^a  Gazette,  whidi  are  not  the  sites  of  towns  or  the  sub* 
urbs  thereof,  nor  Indian  settlements,  and  as  are  not  reserved 
from  sale  by  the  Lieutenant-Governor  in  Council,  may  be  clas* 
sified  in  the  same  manner  as  unsurvey  lands,  and  purchased 
(subject  to  the  provisions  of  sub-section  (c)  of  sub-section  (4) 
of  section  aga  hereof)  at  the  same  price.    1896,  c.  a8,  s.  14. 

SURVEYED  LANDS  MAY  BE  SOLD  AT  PUBLIC 
AUCTION.— Sec.  30.  Such  of  the  lands  of  the  Province,  the 
surveys  whereof  have  been  duly  made  or  adopted  by  the  Gov* 
ernment,  and  confirmed  by  notice  in  the  British  Columbia 
Gazette,  may,  whenever  so  ordered  by  the  Lieutenant-Gov- 
ernor in  Council,  from  time  to  time  be  put  up  at  public  auc* 
tion  (of  which  auction  due  and  sufficient  notice  shall  be  given), 
upon  such  terms  and  conditions  as  may  be  considered  advis- 
able.   iSga,  c.  aSt  s.  5. 

TOWN  AND  CITY  LANDS  MAY  BE  SOLD.— Sec.  31. 
Notwithstanding  anything  in  the  last  preceding  section  con* 
tained,  town,  city  or  suburban  lots  may  be  sold  by  public  auc- 
tion, of  which  reasonable  and  sufficient  public  notice  shall  be 
given.    1888,  c  16,  8.  7* 

Sec.  3J.    (Repealed  by  c.   15,  s.  6,  1891.) 

SALES  AND  FREE  GRANTS  FOR  DYKING  AND 
DRAINING  PURPOSES.— Sec.  33*  It  shall  be  lawful  for  the 
Lieutenant*(jovernor  in  Council  to  sell  any  vacaut.  lands  of 
the  Crown,  or  make  free  grants  thereof,  to  any  person  or  com- 
pany for  the  purpose  of  dyking,  draining  or  irrigating  the 
same,  subject  to  such  regulations  as  the  Lieutenant-Governor 
in  Council  shall  see  fit.    1884,  c.  16,  s.  53. 

LAND  SOLD  TO  BE  SUBJECT  TO  RIGHT  OF  WAY, 
&c.— Sec.  34>  Unless  otherwise  specially  notified  at  the  time 
of  sale,  all  Crown  lands  sold  shall  be  subject  to  such  public 
rights  of  way  as  may  at  any  time  after  such  sale  be  specified 
by  the  Chief  Commissioner  of  Lands  and  Works,  and  to  the 
right  of  the  Crown  to  take  therefrom,  without  compensation. 
any  stone,  gravel,  or  other  material  to  be  used  in  repairing  the 
public  roads,  and  to  such  private  rights  of  way,  and  of  leadinf 
or   using   water   for   animals,   and  for   mining,   engineering  01 


ij 


CR 

sold  u 
iull  p, 

grant  j 
c-  16.  1 

BAJ 

PAID 

TJie  CI 

tJces   ii 

from  tirj 

^«retof3 
and    M 

o^suchf 
^or  sucM 

PurchasJ 

'oonths.] 

Purchasrf 
not  pay] 

^Vorks/ 

'"«='>  laii, 

°''  there! 

'"  Pquityl 


CROWN  LANDS. 


««7 


irrigation  purposes,  as  may  at  the  time  of  such  sale  be  exist* 
ing.    1884,  c  16,  8.  54;  i892>  c.  35,  s.  10. 

CROWN  GRANTS  TO  CONTAIN  PROVISION  AS 
TO  TOWN  LOTS.— Sec.  34a>  All  Crown  grants  hereafter  is- 
sued of  lands,  the  right  to  which  was  acquired  subseguent  to 
the  17th  day  of  April,  1896,  shall  contain  a  provision  that  in  the 
event  of  any  lands  thereby  granted  being  divided  into  town 
lots,  one-fourth  of  all  the  blocks  of  lots  shall  be  re-conveyed 
to  the  Crown.  The  blocks  to  be  so  re-conveyed  to  the  Crown 
shall  be  ascertained  as  follows: — The  Chief  Commissioner  of 
Lands  and  Works  shall  first  select  one  block  and  the  owner 
three,  and  so  on  in  turn,  the  Chief  Commissioner  selecting  one 
and  the  owner  three  of  the  unchosen  blocks  until  the  division 
is  made.    1897,  c.  10,  s.  3. 

COMPLETION  OF  SALES. 

CROWN  GRANT.—Sec.  35*  The  Crown  grant  of  any  land 
sold  under  the  provisions  of  this  Act  shall  not  be  issued  until 
full  payment  therefor  shall  have  been  made,  and  such  Crown 
grant  shall  be  in  the  Form  No.  7  in  the  Schedule  hereto.  1884, 
c.  16,  s.  33. 

BALANCE  OF  UNPAID   PURCHASE  MONEY   TO    BE 
PAID     ON     NOTICE    FROM     COMMISSIONER.-Sec.    36. 
The  Chief  Commissioner  of    Lands  and  Works  may  insert   no- 
tices  in   the    British    Columbia    Gazette,    requiring   all   persons 
from  whom  the  balance  of  purchase  money  is  due  on  any  lands 
pre-empted  or  purchased  by  them  under  any  Act  or  Ordinance 
heretofore  passed,  to  pay  to  the  Chief  Commissioner  of  Lands 
and    Works,    within  twelve  months  from  the  first   publication 
of  such  notice  (and  such  notice  shall  be  published  continuously 
for  such  twelve  months)  the  balance  remaining  unpaid  of  the 
purchase  money  due  on  such  lands;  and  if,  within  such  twelve 
months,  any  person  holding  land  on  which  the  balance  of  the 
purchase  money  is  due  to  the  Government  and  unpaid,   shall 
not  pay  such  balance,   the  Chief  Commissioner  of   Lands  and 
Works  may  cancel  all  or  any  records  or  agreements  concerning 
such  land;  and,  in  such  case,  the  right  of  such  person  therein 
or  thereto  and  all  money  paid  by  him  thereon,  shall  be  abso- 
lutely forfeited,  and  he  shall  have  no  further  right  at  law  or 
in  equity  to  the  land  so  partially  paid  for.    1884,  c.  16,  s.  33. 


s8& 


BRITISH  COLUMBIA. 


FREE  GRANTS. 

LIEUT.-GOVERNOR  MAY  MAKE  FREE  GRANTS.- 
Sec.  37.  It  shall  be  lawful  for  the  Lieutenant-Governor  in 
Council  to  make  such  special  free  or  partially  free  grants  of 
the  unoccupied  and  unappropriated  Crown  lands  of  the  Prov- 
ince for  the  encouragement  of  immigration  or  other  purposes 
of  public  advantage,  not  being  bonuses  for  the  construction  of 
railways,  with  and  under  such  provisions,  restrictions,  and 
privileges,  as  to  the  Lieutenant-(iovernor  in  Council  may  seem 
most  advisable.  1884,  c.  z6,  s.  58;  1887,  c.  17,  s.  11;  1891,  c.  15, 
s.  7. 


EDUCATIONAL  ENDOWMENTS. 

RESERVES  FOR  EDUCATIONAL  PURPOSES  MAY 
BE  SOLD  AT  PUBLIC  AUCTION.— Sec.  38.  (Repealed  by 
c.  15,  s.  8,  1891.)  Lands  heretofore  reserved  under  said  sec- 
tion may  be  sold  by  public  aution,  of  which  reasonable  and 
sufficient  public  notice  shall  be  given,  but  not  so  as  to  dispose 
of  any  land  at  less  than  its  classified  price.    i8gi,  c.   15,  s.  8. 

Sections  39  to  52,  inclusive,  repealed  by  1897,  c.  45,  s.   154. 

LEASES.— Sec.  53.  Leases  (containing  such  covenants  and 
conditions  as  may  be  advisable)  of  unoccupied  Crown  lands, 
not  exceeding  one  hundred  and  sixty  (160)  acres  in  extent,  may 
be  granted  by  the  Chief  Commissioner  of  Lands  and  Workj. 

EAST  OF  CASCADE  RANGE.— (0.)  In  that  part  of  the 
Province  situated  east  of  the  Cascade  Range,  for  a  term  not 
to  exceed  five  years,  for  the  purpose  of  cutting  hay  thereon,  to 
any  person  or  persons  whomsoever,  being  bona  fide  pre-empt- 
ors  or  purchasers  of  land  appurtenant  to  the  meadows  desired 
to  be  so  leased,  at  an  annual  rental  of  ten  cents  per  acre. 

STONE  QUARRIES.— FISHING  SITES.  (6.)  For  a 
term  not  to  exceed  twenty-one  years,  for  the  purpose  of  open- 
ing up  and  working  stone  quarries  or  as  sites  for  fishing  sta- 
tion, on  such  terms  and  conditions,  not  inconsistent  with  the 
provisions  of  this  Act,  as  may  be  approved  by  the  Lieutenant- 
Governor  in  Council. 

PROCEEDING  TO  MARK  GROUND  FOR  APPLICA- 
TION.—(1.)    Any  person  desirous  of  procuring  a  lease  for  any 


CROWN  LANDS. 


o»  the   purposes   referred   *«     k  *  ** 

applied  for  7,'.akL"  "  ""^  •■•»'•  <>'  corn«  of  1.".  *.•"  ""•' 
sending  no,   i"    !  °'  P""'  "  Iwst  four  in^h         ^"''  •<>  >•• 

A«i«a«  cCAtio^f  :^  r";  "■"""""on  Tn  Zut  f""'" 
P°^.>.o„  ,he„of.  and  shall  ,^1'  f ''*'■•«'  "PP'oxim^  1^,^: 

m.ss,o„„  of  Land,  and^o'it     '^  "■"'"•  •"  «>.  ChieT  Com 
"=»   been   substantiated,   giv^  *  T-'"'  '»»''•  »  "o  valid  ibiectr„' 
'ease  will  is^no  «     j     .      ^        notice   to    such    a«..i-       ""J^<^"On 
the  lanH  ^  '^*'^''*^'  Provided  he  rth        ^fP^'^^^^t   that   a 

'-■    Ws    .„n.ed  und.    .ro,jror:hi!r'r^ 


890 


RKITISH  COLUMBIA. 


shall  contain  conditions  binding  the  lessee  to  build  a  dwelling* 
house  during  the  first  year  of  tenancy,  and  to  settle  upon,  cul* 
tivate,  and  occupy  the  land  within  the  meaning  of  the  "Land 
Act,'*  and  such  other  conditions  as  may  be  approved  by  the 
Lieutenant-Governor  in  Council.  Such  lease  shall  also  contain 
a  covenant  providing  that  the  lessee  shall,  at  the  expiration  of 
the  term  of  the  lease,  be  entitled  to  a  Crown  grant  of  land  so 
leased  to  him,  provided  that  all  the  conditions  and  stipulations 
of  the  lease  have  been  faithfully  fulfilled.  1894*  c.  24,  s.  2;  1897, 
c.  lOi  s.  a. 

LEASES  OF  LANDS  WITHIN  MUNICIPALITIES.- 
(t.)  The  Lieutenant-Governor  in  Council  may  grant  leases  of 
vacant  Crown  lands  which  are  situated  within  the  limits  of  any 
corporate  city,  upon  such  conditions  as  may  be  deemed  ad* 
viMble,  for  a  term  not  to  exceed  ten  years.    1894,  c.  34,  s.  2. 

TIMBER  LEASES.— Sec.   54*     Leases    of    surveyed    unpre- 
empted   Crown   timber   lands   which   have   been   previously   of* 
fered  to  public  competition  may  be  granted  by  the  Lieutenant* 
Governor   in  Council,   for  a  period  not  to   exceed   twenty-one 
years  to  any  person,  persons,  or  corporation,  for  the  purpose 
of   cutting   spars,    timber,   or   lumber,    who   have   tendered   the 
highest  cash   bonus,   subject   to  the   payment   of   a   royalty  of 
fifty  cents  per  thousand  feet  on  the  scaled  measurement  of  the 
logs  cut  on  the  leased   premises,  and   to  the   payment  in  ad- 
vance of  an  annual  rental  of  fifteen  cents  per  acre;  arrears  of 
rental  to  bear  interest  at  the  rate  of  five  per  cent,  per  annum: 
Provided,  that  when  the  lessee  is  or  becomes  the  owner  of  a 
properly   equipped   saw-mill   appurtenant  to   the   leasehold   and 
capable  of  cutting  not  less  than  one  thousand  feet  of  lumber 
in  inch  boards  per  day  of  twelve  hours  for  each  and  every  four 
hundred  acres  of  land  included  in  such  lease,  the  annual  ren- 
tal shall  be  reduced  to  ten  cents  per  acre.    1895,  c.  27,  s.  7- 
Sec.   55.    (Repealed  by   1893,  c.  as,  s.  7.) 
Sec.  56  &  57.    (Repealed  by  1893,  c.  25,  s.  8.) 

LEASES  FOR  PURPOSES  OF  STRIPPING  HEMLOCK 
TREES  OF  BARK.— Sec.  57a.  It  shall  be  lawful  for  the 
Lieutenant-Governor  in  Council  to  grant  leases  of  unpre-empt- 
ed  Crown  lands  for  a  term  not  to  exceed  thirty  years,  for  the 
purpose   of  stripping  hemlock  trees  of  bark,   subject  to  such 


CROWN  LANDS. 


«9i 


I- 

d 

le 

in 

of 

so 

>ns 

597. 

S.- 
B  of 
any 
ad- 

I. 

ittpte- 

iy  of- 
etiant- 
ty-on* 
irpose 
;d   the 
ilty   of 
of  the 
[in  ad- 
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^r  of  » 
fid   and 
]lun^^*' 
[ry  four 

lal  ten- 

S.  7- 


LLOCIC 

[for  t^« 
Ire-emP*' 
for  the 
I  to  such 


rent   and   conditions   as   the    Lieutenant-Governor    in     Council 
may  see  fit  to  impose.    1891,  c.  is*  ••  13. 

WRITTEN  OBJECTIONS  MAY  BE  MADE.-Sec.  58. 
Any  person  desirous  of  objecting  to  such  lease  shall  give  his 
written  reasons  therefor,  within  the  time  specified  in  the  above 
notice,  addressed  to  the  said  Commissioner;  and  the  said  Com- 
missioner shall,  as  soon  aa  possible,  forward  the  same,  with 
his  report  thereOn,  to  the  Chief  Commissioner  of  Lands  and 
Works.    1884,  c.  16,  s.  39. 

CHIEF  COMMISSIONER  TO  HEAR  AND  SETTLE 
ALL  OBJECTIONS.— Sec.  59.  In  the  event  of  any  objec- 
tions being  entered  as  provided  for  above,  the  Chief  Commis- 
sioner of  Lands  and  Works  shall  have  power  to  hear,  settle, 
and  determine  the  rights  of  the  adverse  claimants,  and  to  make 
such  order  in  the  premises  as  he  may  deem  just.  1884,  c.  16, 
s.  40. 

IF  NO  OBJECTIONS  THE  LEASE  MAY  BE  ISSUED. 
—Sec.  60.  If  no  objection  is  made  as  aforesaid  to  the  issue  of 
such  lease  before  the  said  notice  expires,  the  lease  applied  for 
may  be  issued,  if  advisable.    1884,  c.  16.  s.  41. 

PRE-EMPTOR  OF  LEASED  LANDS  TO  HAVE 
RIGHTS  OF  WAY.— Sec.  61.  Person?  who  have  pre-empted 
lands,  or  shall  hereafter  record  or  pre-empt  any  lands  here- 
tofore leased,  or  which  may  hereafter  be  leased  for  any  of 
the  purposes  aforesaid,  shall  have  the  right  of  passing  and 
repassing  over  such  leased  lands  without  being  deemed  tres- 
passers: Provided,  always,  that  such  persons  shall  not  commit 
wilful  waste  or  damage  in  passing  over  such  lands  1884,  c.  16, 
s.  42. 


TIMBER  LANDS. 

^«:ANING  OF  "CROWN  LANDS."  "PATENTED 
LANDS."  "TIMBER  LEASEHOLD."  "TIMBER  LIM- 
ITS."   Sec.  62.    In  the  following  sections  the  words — 

"Crown  lands"  mean  lands  which  are  the  public  lands  of 
tlie  Province,  and  shall  not  include  lands  held  under  lease. 

"Patented  lands"  mean  lands  granted  by  the  Crown  after 
the  7th  day  of  April,  A.  D.  1887,  and  before  the  passage  of 
this  Act. 


aga 


BRITISH  COLUMBIA. 


"Timbei'  leasehold"  means  lands  included  in  timber  leases 
since  the  31st  day  of  December,  1879.  and  lands  included  in 
any    timber    lease    hereinafter    granted. 

"Timber  limits"  means  lands  specified  in  any  timber  li> 
cenae  hereafter  issued.    x888,  c.   16,  s.   xo. 

LICENSE  REQUIRED  TO  CUT  TIMBER  ON  CROWN 
LANDS.— Sec.  63.  It  shall  be  unlawful  for  any  person,  with- 
out a  license  in  that  behalf,  to  be  granted  as  hereinafter  men- 
tioned, to  cut,  fell,  or  carry  away  any  trees  or  timber  upon  or 
from  any  of  the  Crown  or  patented    lands  of    this    Province. 

1888,   C.    16,   S.    II. 

PENALTY  FOR  CUTTING  TIMBER  WITHOUT  LI- 
CENSE.— Sec.  64.  Every  person  who  shall  violate  the  provi- 
sions of  the  preceding  section  shall,  for  each  offense,  be  liable 
to  a  penalty  of  not  less  than  five  dollars  nor  more  than  five 
hundred  dollars,  to  be  recovered  in  a  summary  manner,  upon 
the  complaint  of  any  person,  before  any  Stipendiary  Magis- 
trate or  two  Justices  of  the  Peace,  and  in  default  of  payment 
by  imprisonment  not  exceeding  thirty  days.    1888,  c.   16,   s.   12. 

CHIEF  COMMISSIONER  OF  LANDS  AND  WORKS 
MAY  GRANT  SPECIAL  LICENSES  TO  CUT  TIMBER.- 
Sec.  65.  The  Chief  Commissioner  of  Lands  and  Works  may 
Krant  licenses,  to  be  called  special  licenses,  to  cut  timber  on 
Crown  lands  and  patented  lands  at  the  rates  by  this  Act  im- 
posed, and  subject  to  such  conditions,  regulations  and  restric- 
tions as  may  from  time  to  time  be  established  by  the  Lieuten- 
ant-Governor in  Council,  and  of  which  notice  may  be  given 
in  the  British  Columbia  Gazette.    1888,  c.  16,  s.   13. 

MODE  OF  OBTAINING  LICENSES.— Sec.  66.  Any 
person  desirous  of  obtaining  such  special  license  shall  comply 
with  the  following  provisions: — 

STAKING  OF  CLAIM.— (a.)  He  shall  first  stake  out  the 
land  sought  to  be  included  in  such  special  license  in  the 
manner  prescribed  by  the  law  relating  to  the  leasing  of  Crown 
lands:    1894,  c.  24*  s.  3. 

(ft.)  He  shall,  after  making  the  application  for  the  special 
license,  publish  for  a  period  of  thirty  days  in  the  British  Co- 
lumbia Gazette,  and  in  any  newspaper  circulating  in  the  dis- 
trict in  which  the  lands  lie,  notice  of  his  application  for  such 
license,  and  shall   in  such  notice  give  the  best  description  of 


frees 

<'urir 

are  c 

with 

holde 

trees, 

sessio 

action 

prosec 

and   tc 

at  the 

minatic 

additioj 

Act,   tj 

0^  ten 

to  cut 

'^"t  any 


*''Am.V-\ 


CROWN  LANDS. 
'-W  V«tX/°";,  r ''^'»«  -"  aod    bound.    .    ,       * 

V-HX,    ACRES._Sec.    «  ",^„^«^^TED   FOR   MORE  THav 
granted  for  a  la.  ^°    spcc  al    timb#.r    ,."**•  THAN 

ii^aii  the  i:j::'i:  :;::,:'^!^  °-  ^^oirra  ;n  ,a?;  '^ 

The  license  shall  If  k**  '''''  «  ^°n«w  PcriodTh.         °**'  "°' 
at  any  time     Nn  ''*  *'*"«'«»-abIe.  an/    ' l  k         °°*  3^«'. 

special    lic^^'se   «^  T'^"   '^^^^   »>e  emitted  ^  '"'"'•ndered 

the  Chief  Comn,      '^^   '^'"^   '•««.    The   hr.       "°'*   *^*"   one 

0/  «^t;itTTrsrii^ ''-  ^^''^^  z^^^^r  '^ 

swnline  of  ,1,  ,.  °  "«nse;  payn,.„,  ,„  '"*'"'/.  the  turn 
shall  "'  il!  %'■"""•  I»  deiau"  "  '°  ."•  "»"•  "«»"  .he 
of  the  CI., rr-  '""='•"«•'«  n»y  be  r™.T"°'  ""«  ««■>«> 
,.  „       Ch...  Co„„i„io„er  o,  J^^  ZXo^U".^"-"""' 

"■•'  <=«  by  auL^r°'-  *"«••"  the  tree,  Z'h  ""  "«»« 
*iib  or  »L!.  .  t  ■"'  "'  "'«  "eensee  or  1'  '"'  ""•  '"nber 
"older   ,h  "„;,*"  ™"«"t.  and  Tuch  Le'  ""^  .l""'  P«"0" 

«"d  to  rJl   '«»»««»  and   other  off™^  '"'Passer,   and   to 
«  the  /"    "  damages,  if  any  aL     .,     *"  *°   Punishment 

^<ldit  on  to  th^  .        ^^CENSE.--Pee     «,«        .,  ^* 


394 


BRITISH  COLUMBIA. 


sonal.  and  ihall  only  grant  authority  to  the  person  named 
therein  to  cut  timber  as  a  hand-logger,  and  such  license  shall 
be  in  force  for  one  year  from  the  date  thereof,  and  no  longer. 
1888,  c  16,  s.   x8. 

LICENSES  NOT  TO  BE  GRANTED  OVER  INDIAN 
RESERVES,  &c.— Sec.  71.  No  timber  license  shall  be  granted 
in  respect  of  lands  forming  the  site  of  an  Indian  settlement  or 
reserve,  and  the  Chief  Commissioner  may  refuse  to  grant  a 
license  in  respect  of  any  particular  land,  if  in  the  opinion  of 
the  Lieutenant-Governor  in  Council  it  is  deemed  expedient  in 
the  public  interest  so  to  do.    1888,  c.  16,  s.  19. 

GROYND  RENT,  FIVE  CENTS  PER  ACRE.— Sec.  72. 
In  addition  to  the  royalty  hereinafter  reserved  on  all  timber 
cut  on  timber  leaseholds,  there  shall  be  paid  annually,  as 
ground  rent,  the  sum  of  five  cents  per  acre  for  each  acre  in- 
cluded in  any  timber  lease  which  has  been  granted  since  the 
31st  day  of  December,  1879,  and  prior  to  the  passage  of  this 
Act  .  1888,  c.  x6,  s.  20. 

ROYALTY  ON  TIMBER.— Sec.  73-  There  is  reserved  to 
and  for  the  use  of  Her  Majesty,  her  heirs  and  successors,  a 
royalty  of  fifty  cents  for  every  thousand  feet,  board  measure, 
upon  and  in  respect  of  all  timber  suitable  for  spars,  piles,  saw 
logs,  or  railroad  ties,  props  for  mining  purposes,  shingle  or 
other  bolts  of  cedar,  fir  or  spruce,  and  a  royalty  of  twenty-five 
cents  for  every  cord  of  other  wood,  cut  upon  Crown  lands, 
patented  lands,  timber  leaseholds,  or  timber  limits,  and  upon 
any  lands  hereinafter  granted.  Piles  shall  be  measured  by  the 
running  foot,  and  railway  ties  and  props  shall  be  measured 
by  the  cord;  and  for  the  purposes  of  this  Act  two  hundred  run- 
ning feet  of  piles,  or  one  cord  of  ties  and  props,  shall  be  taken 
respectively  as  equal  to  one  thousand  feet  board  measure.  1896, 
c.  s6.  s.  a. 

LIEN  ON  TIMBER,  SPARS,  ETC.— Sec.  74.  AM  timber 
or  wood  upon  which  a  royalty  is  reserved,  or  which  has  been 
cut  upon  timber  leaseholds,  shall  be  liable  for  the  pasrment  of 
the  royalty  (and  in  the  case  of  leaseholds  for  the  rent)  by  this 
Act  imposed,  so  long  as  and  wheresoever  the  timber,  or  any 
part  of  it.  may  be  found  in  British  Columbia,  whether  in  the 
original  logs  or  manufactured  into  deals,  boards,  or  other 
stuffs;  and   in  case  any  such  timber  or  wood  has   been  made 


I  timber 
L  been 
>cnt  of 
by  this 
|or  any 
in  the 
other 
made 


CROWN  LANDS, 


395 


up  with  other  timber  or  wood  into  a  crib,  dam,  or  raft,  or  in 
any  other  manner  has  been  90  mixed  up  aa  to  render  it  im* 
possible  or  difficult  to  distinguish  the  timber  liable  to  the  pay- 
raent  of  royalty  or  rent  from  timber  not  so  liable,  such  other 
timber  shell  also  be  liable  for  all  royalty  and  rent  imposed  by 
this  Act;  and  all  officers  or  agents  entrusted  with  the  collec- 
tion of  the  royalty  or  rent  may  follow  lUl  such  timber,  or  any 
timber  with  which  it  is  so  mixed,  and  seize  and  detain  the 
same  wherever  it  is  found  until  such  royalties  and  rent,  and 
the  reasonable  costs  and  expenses  of  seizure  and  detention,  are 
paid  or  secured.    i8g6,  c.  aS,  s.  3. 

LESSEES  AND  MILL-OWNERS  TO  KEEP  ACCOUNT 
OF  ALL  LOGS  BROUGHT  TO  THE  MILL.— Sec.  75.  Ev*y 
lessea  of  timber  land,  and  every  person  owning  or  operating 
a  mill  which  may  cut  timber  which  is  subject  to  the  royalty 
imposed  by  this  Act,  shall  keep  correct  books  of  account  of  all 
logs  brought  to  his  mill,  stating  from  whom  they  were  ac- 
quired where  they  were  cut,  the  date  received  and  their  scale 
measurement,  and  shall  make  monthly  returns  to  the  Chief 
Commissioner  of  Lands  and  Works  showing  the  measurement 
of  such  logs,  and  such  other  particulars  as  the  Lieutenant-Gov- 
ernor, by  Order  in  Council,  may  require;  and  such  books  shall 
be  open,  at  all  reasonable  hours,  for  the  inspection  of  any  per- 
son appointed  for  carrying  out  the  provisions  of  this  Act. 
1888.  c.  z6,  s.  J3« 

MILL-OWNERS  MAY  COLLECT  ROYALTIES  DUE.- 
Sec.  76.  It  shall  be  lawful  for  any  person  owning  or  operat- 
ing any  mill  (when  authorized  by  the  Chief  Commissioner  so 
to  do)  to  collect  the  royalties  due  to  the  Crown  upon  any  logs 
which  may  be  brought  to  his  mill,  and  to  give  receipts  there- 
for. All  moneys  so  received  shall  b'*  accounted  for  and  paid 
over  to  the  Crown.  The  Crown  shail  have  a  lien  upon  the 
mill  and  all  timber  thereat,  or  on  any  lands  or  waters  appur- 
tenant thereto,  for  all  royalties  collected  under  this  section; 
such  lien  to  confer  the  same  rights  and  to  be  enforceable  in 
the  same  manner  as  the  lien  held  under  section  74  of  the  "Land 
Act."  may  from  time  to  time  be.  1888.  c.  16,  s.  34;  i8fi6,  c.  a8, 
s.  4. 

EXTENDS   CROWN   LIEN   ON    TIMBER   ROYALTY.— 
Sec.  ;6a.    The   Crown   shall   have  a   lien   upon  all   steamships, 


I. 


^ 


BRITISH  COLUMBIA. 


railway  and  stationary  engines,  smelters,  concentrators,  and  all 
furnaces  or  machinery  in  or  for  which  any  timber  or  wood 
upon  which  a  roy  ilty  is  reserved  and  payable  in  any  way  or 
manner,  or  for  any  purpose  has  been  or  is  being  used  or  con- 
sumed, also  upon  all  steamships,  tow-boats,  scows  or  other  ves- 
sels, and  upon  all  railway  trains,  teams  and  wagons  in  any 
way  engaged  in  transporting  such  timber;  such  lien  to  confer 
the  same  rights,  and  to  be  enforceable  in  the  same  manner 
as  the  lien  and  rights  of  recovery  of  royalties  conferred  by  un- 
der the  provisions  in  that  behalf  of  the  "Land  Act,"  and 
amending  Acts.    1897,  c.  19,  s.  4. 

FREE  MINERS,  TRAVELERS,  FARMERS,  AND 
OTHERS  CUTTING  TIMBER  NOT  AFFECTED.-Sec.  77. 
This  act  shall  not  be  construed  so  as  to  inflict  penalties  upon 
free  miners  engaged  in  prospecting,  nor  upon  travelers,  nor 
upon  persons  engaged  in  merely  scientific  pursuits  or  explor- 
ing, nor  upon  farmers  cutting  timber  in  connection  with  their 
farms,  nor  upon  persons  cutting  cord  wood  for  personal  use 
for  fuel  for  domestic  purposes  and  not  for  sale,  or  cutting  cord 
wood  for  school  purposes.    i8g6,  c.  28,  s.  5. 

TITLE  CANNOT  BE  ACQUIRED  TO  TIMBER  CUT 
ON  CROWN  &c.,  LANDS  WITHOUT  LICENSE.  Sec.  78. 
If  any  person,  without  authority  or  otherwise  than  is  permit- 
ted by  this  Act,  cuts  or  employs,  or  induces  any  other  person 
to  cut.  or  assist  in  cutting,  any  timber  of  any  kind  on  any  of 
the  Crown  lands,  patented  lands,  timber  leaseholds,  or  timber 
limits,  or  removes  or  carries  away  any  merchantable  timber 
of  any  kind  so  cut,  from  any  such  Crown  or  patented  lands, 
or  timber  leaseholds,  or  limits,  he  shall  not  acquire  any  right 
to  the  timber  so  cut,  or  any  claim  to  any  remuneration  for  cut- 
ting, preparing  the  same  for  market,  or  conveying  the  same 
to  or  towards  market.  Any  such  timber  may  be  seized  by  the 
Chief  Commissioner,  or  any  Government  Agent,  or  by  any 
agent  or  person  appointed  under  this  Act,  and  shall  be  sold  for 
the  benefit  of  the  Crown. 

(0.)  When  the  timber  or  saw  logs  made  has  or  have  been  re- 
moved by  any  such  person  out  of  the  reach  of  the  Chief  Com- 
missioner or  Assistant  Commissioner,  or  any  agent  appointed 
for  the  purpose  of  carrying  out  the  provisions  of  this  Act, 
such  first  mentioned  person  shall,  in  addition  to  the  loss  of  his 


CROWN  LANDS 
labor  and  disbursements    fnrU:  ^^ 

(c)    In    «     u  "  amourt    of 

WHEN  TIMBER  SO  pttt  to  *  *"•  '^'  »•  ^. 

^Vhere  timber  has  been  cu.   ^.?J^^^^    THEREOF -Sec        ^^ 
patented    lands     timh!     ,    *  '^'*^°"'  authority  on  C.  ,'     ^^' 

ll.e  seizure     Z    .     'f "    ^«»factoriIy    ,„    ,h"    2'"""  """' 
"re.    I8S8,   c.   ,5_  5  '    ™    tlie    officer    making 

OFFICER  SEIZING  MAY  TAT  T    . 
«in  o.e"^;?^!?^^'  7«-  and  d^C  bT^^f; 


298 


BRITISH  COLUMBIA. 


be  sufficient  to  pay  all  rents  or  royalties  due,  and  all  the  costs 
and  expenses  of  seizure,  detention,  and  sale.    1896,  c.  38,  s.  7. 

SEIZURES  MAY  BE  TRIED  BEFORE  A  SUPREME 
OR  COUNTY  COURT  JUDGE.— Sec.  83.  Any  Supreme  or 
County  Court  Judge  may,  upon  petition  in  a  summary  way, 
try  and  determine  such  seizures,  and  may  order  the  delivery 
of  the  timber  to  the  alleged  owner,  upon  his  giving  security, 
by  bond,  with  two  good  and  sufficient  sureties,  to  pay  double 
the  value  or  double  the  amount  due  for  royalty,  rent,  and  costs 
and  expenses,  in  case  of  condemnation. 

(a.)  Such  bond  shall  be  taken  in  the  name  of  the  Chief 
Commissioner  to  Her  Majesty's  use,  and  shall  be  delivered  up 
to  and  kept  by  the  Chief  Commissioner. 

(&.)  If  such  seized  timber  is  condemned,  the  value  thereof 
or  the  amount  due  for  royalty  rent,  *  and  costs  or  expenses, 
shall  be  forthwith  paid  to  the  Chief  Commissioner,  and  the 
bond  canceled,  otherwise  the  penalty  shall  be  enforced  and  re* 
covered.    1888,  c.  16,  s.  30;  1896,  c.  28,  s.  8. 

PENALTY  FOR  MAKING  FALSE  STATEMENTS  TO 
EVADE  PAYMENT  OF  ROYALTIES,  &c.-Sec.  83.  Every 
person  availing  himself  of  any  false  statement  or  oath  to  evade 
the  payment  of  any  moneys  payable  under  this  Act  in  re- 
spect to  timber,  or  endeavoring  to  convey  out  of  British  Co- 
lumbia any  timber  in  respect  of  which  the  royalties  by  this 
Act  imposed  are  payable,  without  first  paying  such  royalties, 
shall  forfeit  the  timber  in  respect  of  which  payment  of  such 
moneys  is  attempted  to  be  evaded,  and  shall  incur  a  penalty 
nut  exceeding  five  hundred  dollars.    1888,  c.  16,  s.  31. 

DRAWBACK  ON  EXPORTED  TIMBER,  &c.— Sec.  84. 
The  Lieutenant-Governor  in  Council  may  allow,  on  the  expor- 
tation beyond  the  limits  of  the  Province  of  any  piles  and 
spars,  or  of  any  timber  manufactured  at  any  mill  in  British 
Columbia  upon  which  the  royalty  by  this  Act  imposed  has 
been  paid,  a  drawback  or  rebate  equal  to  one-half  of  the  roy- 
alty paid  upon  such  timber.    x888,  c.  16,  s.  33. 

RULES  AND  REGULATIONS  MAY  BE  MADE.-Sec 
85.  The  Chief  Commissioner  of  Lands  and  Works  may,  with 
the  approval  of  the  Lieutenant-Governor  in  Council,  appoint 
such  persons  and  make  all  such  rules  and  regulations  as  he 
may  deem  proper  for  carrying  out  the  provisions  of  this  Act. 
t888.  c.   16,  s.  33. 


cil 

sion 

Jum 

ernp; 

conv 

for  t 

poses 

such 

».  S6. 

CA 

tenant 

tions  < 

Counci 

*'J  noti 

in  the 

culating 

'ected  a 

REsJ 

L'eutena 

tice  in  t 

the  recr« 

poses,    o; 

^or  the  s 

0^  the   C 

LEASi 
^^-Sec] 

twenty-on, 
P''oper,   s. 
""ay  be  dt 

'*«  consenl 

Mjvds 


CROWN  LANDS. 
RESERVES. 


a99 

«iSSJERVES. 

RESERVES.-Sec.    86.    The    T  • 
c'l  may  at  any  time,   by  notSL  ^!*"'?»"t-Governor    i„    Coun 
s'oner  of  Landa  »nH  \xr    f     *^*  "«"«<*   bv  the  ChUt  n  "' 

;■«  i»  .h.  British  cl^°brL«i  '"""  •""«  "  '^e   by  nt' 
poses    or  agricultural  .ocieuj    ^e  public,  for  municipal  pur 

3_  "'   "««»ary.     ,888,   c.   ,6, 

LEASES   OP  cr-TT^TN^, 
f -S«.  3,.    Thcl"°°«^.,,f5f'^KVES  MAV  BE  GRANT 

may  be  w—    ^  *"*  ^*nd  set  aoart  ae   c  l     ,        *  deemed 

y  be  deemed  advisable;  but  no  a^h  ?  ^^^°°^  ^^'erves  as 

y».  that  m  land  required  for 


II 


300 


BRITISH  COLUMBIA. 


military  and  naval  purposes  it  shall  be  lawful  for  the  Lieuten- 
ant-Governor in  Council  to  release  the  same  from  all  reserva- 
tions and  exceptions  whatsoever,  and  notice  of  such  release 
shall  be  published  in  the  British  Columbia  Gazette  for  one 
month.    1884,  c.  16,  s.  34. 

FREE  MINERS  IN  CASE  OF  NAVAL  OR  MILITARY 
RESERVES.— Sec.  90a.  There  is  hereby  reserved  from  the 
lands  whereon  a  free  miner  may  enter  and  prospect  all  lands 
reserved  or  used  for  naval  or  military  purposes,  whether  in 
the  grant  or  reservation  thereof  for  such  purposes  the  precious 
or  base  metals,  or  any  of  them,  were  reserved  to  the  Crown 
and  its  licensees,  or  were  not  so  reserved.    i8g6,  c.  28,  s.  10. 


HIGHWAYS. 

PUBLIC  ROADS  ARE  PUBLIC  HIGHWAYS.— Sec.  91. 
All  roads,  other  than  private  roads,  shall  be  deemed  common 
and   public  highways.    18S4,   c.   16,   s.  6c. 

ROADS,  &c.,  VESTED  IN  HER  MAJESTY.— Sec.  92. 
Unless  otlierwise  provided  for,  the  soil  and  freehold  of  every 
public  highway  shall  be  vested  in  Her  Majesty,  Her  heirs  and 
successors.     1884,    c.    16,    s.   61. 

POWER  OF  CHIEF  COMMISSIONER  IN  RESPECT 
OF  HIGHWAYS.— Sec.  93.  It  shall  be  lawful  for  the  Chief 
Commissioner  of  Lands  and  Works,  in  his  discretion,  to  make 
public  highways,  and  to  declare  the  same  by  notice  in  the 
British  Columbia  Gazette,  setting  forth  the  direction  and  ex- 
tent of  such  highway,  and  by  himself  or  his  agents  to  enter 
and  take  possession  of  any  private  roads  and  any  lands  in  the 
Province,  and  the  timber  thereon,  for  the  purpose  of  laying 
out  public  roads  of  any  width  not  exceeding  sixty-six  feet, 
and  to  vary  and  alter  any  existing  roads ;  also  to  enter  and 
take  any  gravel,  timber,  stone,  and  other  materials  required 
for  the  construction  of  any  bridge  or  road  and  also  to  enter 
upon  any  land  for  the  purpose  ol  cutting  any  drains  that  the 
Chief  Commissioner  of  Lands  and  Works  may  think  necessary. 
1884,  c.   16,  s.  62. 

ESTABLISHMENT   OF   PUBLIC   HIGHWAYS.-Sec.  94. 
Every  person  desirous,  of  having  a  public  highway  established 


snail  give  thir*     j 


P"w  to  so  doin»     .'""''''•'     Provided    (I,»,         ^    ''   "arching 

'"■Mor  or  Uam  1     ?"  ""  *'  G»l<i  Com™^"  ^  "''•«•'«•  «cu. 
'«'>in  by  r«so  '"   "  '""P'"'  for  am.T""rr'  •"  ""  Pre- 

<i«irict  wherein   .t     ,      "P°"-  «"•■  Gold   r„l   ?   '""*•"'■■  Of 
ty  either    pS"    *;  "■?"   '■•«.    with   °h.  a^r'""""  <"  *« 

^h™.   sha7'deofd.\;7  °'    *"    ^"^^Tll-    '"  ""■•««' 

i:r.H""" "'  «"^  nr  r-'' "»« -errs 

™»  Act  contained  shaU   h.     ^^'^^TS.-Sec.    06     n„,k- 
*«  "(flits  granterf    f     ,      *  construed   so  a,  .„   •  ''°""°ff    in 
°'«y  subsZe«  Itf  «,■"'«"  und"  ?he  °  m"  "'T  *'* 

Acts   relating  ,„  ^.y  Ating**'"^''   ^oV" 

RESERVATION   ^7^^,^ 

I    «OVALTY  ON  COA,      .  ""^   ""^  COAL, 

'"wved  to  »nJ   f    ^^^    RESERVEn     c 
>o„   a":,",,^'  •  ■<=  "«  of  Hfr  M^i^fr-Hr-  J^""  " 

I'"'  "ery  ton    „.       '^  *''   «"ts   upon  anH    ■  "    '"''■•    Md 

h  -«-^d  unrt""""'  '«'  "^'d  o,-"  '"f«;  of  each 

under  the  provisions  of  thi°  aC  "h""  "" 

I  '^"'  «nd  in  any 


302 


BRITISH  COLUMBIA. 


I 
I 


Crown  grant  to  be  issued  in  pursuance  of  this  act  there  shall 
be  contained  a  reservation  of  the  said  royalty:  Provided  that 
no  royalty  be  reserved  on  dross  or  fine  slack.    1884,  c.  16,  s.  72. 

WHERE  COAL  16  RESERVED,  SAME  GOES  TO 
GRANTEE,  SUBJECT  TO  ROYALTY.— Sec.  98.  In  all 
Crown  grants  heretofore  issued,  or  which  may  be  hereafter  is* 
sued,  by  which  the  coal  is  reserved  to  the  Crown,  the  coal  so 
reserved  shall  become  the  property  of  the  grantees  and  their 
assignees,  and  shall  be  subject  to  the  royalty  by  this  Act  re- 
served.   1804,  c.  94,  s.  4. 

LANDS  PROSPECTED  UNDER  THE  COAL  PROS- 
PECTING ACT,  1883.— Sec.  99.  Al!  lands  for  which  propect- 
ing  licenses  have  been  issued  under  the  "Coal  Prospecting 
Act,  1883,"  shall,  in  case  the  same  are  purchased  under  the 
provisions  of  this  Act,  be  subject  to  the  royalty  hereinbefore 
reserved.    1884.  c.  16,  s.  74. 


RECTIFICATION    OF   CROWN   GRANTS. 

PROVIDES    FOR    CANCELLATION    OF    DEFECTIVE 
CROWN   GRANTS  AND   ISSUE  OF  CORRECTED   ONES 
IN    LIEU   THEREOF.— Sec.    100.    Wherever   a    Crown    grant 
has  been  issued  to  or  in  the  name  of  the  wrong  party,  through 
mistake  in  the  Lands  and  Works  Department,  or  contains  any 
clerical   error  or  misnomer,   or  wrong  description   of  the   land 
thereby    intended    to    be    granted,    the    Lieutenant-Governor  in 
Council  may  direct  the  defective  Crown  grant  to  be  canceled, 
and  a  correct  one  to  be  issued  in  its  stead,   which   corrected 
Crown  grant  shall  relate  back  to  the  date  of  the  one  so  can- 
celed and  have  the  same  effect  as  if  issued  at  the  date  of  such 
canceled    Crown    grant:     Provided,     however,    that    no    such 
Crowr    grant   shall   be  issued  until  after  three  months'  notice 
of  the  iruention  to  issue  the  same  shall  have  been  published 
in   the    British   Columbia   Gazette,   and  in   one   newspaper  cir- 
culating in  the  district  wherein  the  land  is  located  for  which 
the  Crown  grant  is  sought:  and  in  the  event  of  an  adverse  claim 
being  filed  with  the  Chief  Commissioner  of  Lands  and  Works 
in  the  njeantime,  the  same  shall  be  adjudicated  upon  by  him. 
1884,  c.  16,  s.  55. 


pei 

or 

stiti 

pass 

seizt 

but 

Stipe 

to  a 

sumiT] 

vided, 

sunini< 

diet  01 

s.  36. 

SUA 

Magistr 

^ve  perj 

non-attei 

power  to 


CROWN  ijiNDs 
ACTIONS    OF    KTur-,.,.  *" 

EJECTMENT  BY  SUM  Jf„^^^   ^'"'    TRESPASS 
person  tawfullv  ~.       *"MMARY  PR0CE<3«     e 

»titu.e  and  \k^  ""''*'  *»  Act,  mil   ,T      ""  P'-«-emp<ioi. 
P»«.  in  .he  L*^j"  "<'™«  1"  an  iS  o?  If"."*  ""'«".  «• 

««<!  of  theTAr"""  •»" «° »« ^.  «r  """'• "  •«»- 

".«  .i.her  pL^'*!!  *«•'«  "  'he  iMdTAr^T  *'  "  *"  ""« 
S'ipendiar,^,''""'"  ""y  «fcr  the  <Iu»    ^'  ""'*  "•'"»: 

summarily,  and  m^i/  '  ^^**  »»  hereby  authoJ/  J  ^  ^'**'  '^'' 
summon  a  i,,^  r  1  ^  'CQuested  by  ^ithH^  **"*  ^"«':  Pro- 
,.  ^  all  matters  of  fact  shall  bH™.     i"!"'  "''• 

SUMMONING  JURY     <=  '  **' 

Mapstrate,  by  an  order  unrf      J"*    ^'  "■•"  1«  lawful  I. 
«ve  person,  for  anv  ,..        ^"  '"'»  •■«"<).  to  .om«  °'  ""^ 

non-attendance  ofL'^"*'''""  "■'<'«  «W»  Act  a„T"°u  "  '"'^  »' 

«»•  "o^exceedin,  .wc„t,.fi:.t„"„Jr',i':: 

'ff«.TbfanJl^"''«^«^'"cOURT     S«= 

"■w  no.  aftetiJarrf'     "     ""  "'«"<'"  "lonth  .^""""'onw  under       . 
"»nn«r;  and T**''  "»"«"  «»  the  Supreme  r         '        ^'"'''°''- 

"n-ed  upon   th.  m     .'  '"''  *  eopy  ef  .orl,  .^'.  **"'"«  out 
■'  «PP«I.d  frim   ^T"*"i*  °'  «^°»"  sZl'ttr  !,''""  ■« 

"^  Any  peJln  rf    •    ^  OKDERED  TO  HP  ^r 

"••erm-ned    by  the    Ma,i..V;  o^^J'™"'^ 


304 


BRITISH  COLUMBIA. 


whose  decision  is  appealed  from;  and  such  appeal  shall  not  be 
heard  until  after  security,  to  the  satisfaction  of  the  Magistrate 
or  Commissioner,  shall  have  been  given  for  the  due  prosecution 
of  such  appeal,  and  submission  thereto.    1884,  c.  16,  s.  99. 

APPEAL  TO  FULL  COURT.  Sec.  105.  Any  person  dis- 
satisfied with  the  decision  of  a  Judge  of  the  Supreme  Court 
may  appeal  to  the  Full  Court  at  Victoria,  provided  that  notice 
of  appeal  be  given  to  the  opposite  party  within  thirty  days  from 
such  decision;  and  provided,  also,  that  the  appellant  give 
within  such  period  such  security  for  costs  as  the  Judge  whose 
decision  is  appealed  from  may  approve;  and  such  appeal  shall 
be  dealt  with  as  near  as  may  be  as  in  the  case  of  an  ordinary 
appeal  to  the  Full  Court  from  the  decision  of  an  action  of  the 
Supreme  Court.    1886,  c.  10,  a.  a. 

Note. — As  to  trespassers  on  Crown  Lands,  see  "Crown 
Lands  Trespassers  Act,  1897."    1897  c.  21   (Appendix.) 


CROWN  GRANTS  OF  LAND  PURCHASED  BEFORE  1870. 

CHIEF  COMMISSIONER  MAY  REFER  CLAIMANT 
FOR  CROWN  GRANT  TO  REGISTRAR-GENERAL.  Sec. 
106.  In  any  case  in  which  the  Chief  Commissioner  of  Lands 
and  Works,  or  other,  the  officer  for  the  time  being  charged 
with  the  duty  of  issuing  Crown  grants  to  persons  claiming 
grants  of  land  purchased  previous  to  the  thirteenth  day  of 
April,  1870,  either  directly  or  derivatively  from  the  Crown,  shall 
not  be  satisfied  with  the  evidence  of  the  validity  of  the  claim 
of  any  applicant  for  such  Crown  grant,  such  Chief  Commis- 
sioner or  officer  aforesaid  is  hereby  authorized  and  empowered 
to,  and  shall,  if  required  by  the  applicant  so  to  do,  refer  such 
claim,  and  all  other  matters  in  anywise  relating  thereto,  to  the 
Registrar- General  of  Titles,  who  shall  examine  into  the  claim, 
title,  or  matter  so  referred,  and  proceed  therein  in  the  manner 
hereinafter  provided.    R.  L.  No.  131,  s.  i. 

WHO  SHALL  CAUSE  HIS  INTENTION  TO  RECOM- 
MEND GRANT  TO  BE  GAZETTED.  Sec.  107.  Upon  evi- 
dence, to  the  satisfaction  of  the  said  Registrar-General,  being 
adduced  that  any  such  applicant  whose  claim  or  title  has  been 
so  referred  as  aforesaid  is  in  anywise  reasonably  entitled  to  a 
grant   from  the   Crown,  of    land   either    purchased    from    the 


MA\ 

109.  If 
if  the  s 
of  the  1 

Kegistra 
the  app 

at  libert 
dispute  ; 
of  such 
any  matt 
as  afores 
fvery  su< 
fjc  suflici 
favor  of 

decision  , 
'31.  s.  4. 

SUMAj 
Sfc.  no. 

Court  as 

^y  the  R| 

Pedient, 


CROWN  LANDS. 


305 


iCOM- 
Ion  evi- 
being 
ks  been 
td  to  » 
U    tbe 


Crown  by  himself  or  by  any  person  through  whom  he  may 
claim  title,  the  Registrar-General  aforesaid  shall,  in  cases  where 
the  applicant  has  not  purchased  directly  from  the  Crown,  cause 
a  notice  to  be  inserted  in  the  British  Columbia  Gazette,  for  such 
space  of  time,  not  less  than  three  calendar  months,  as  the  said 
Registrar-General  shall  in  his  discretion  deem  expedient,  of  his 
intention  to  recommend  the  issue  of  such  Crown  grant  to  the 
applicant,  on  the  expiration  of  the  time  specified  in  such  no- 
tice, unless  in  the  meantime  objection  bn  made  in  writing  to 
him  against  the  issue  thereof.    R.  L.  No.  131,  s.  a. 

REGISTRAR-GENERAL'S  CERTIFICATE  TO  ISSUE 
GRANT.  Sec.  108.  If  no  such  objection  be  made  within  the 
time  limited  for  that  purpose,  the  Registrar-Gentral  shall,  im- 
mediately on  the  expiration  thereof,  or  as  soon  as  may  be  prac- 
ticable, certify  in  favor  of  the  issue  of  the  Crown  grant  to  the 
applicant;  and  it  shall  be  lawful  for  the  said  Chief  Commis- 
sioner, or  other  ofTicer  aforesaid,  upon  the  production  of  such 
certificate,  to  issue  and  deliver  the  Crown  grant  to  the  person 
so  found  to  be  entitled.    R.  L.  No.  131,  s.  3. 

MAY  REFER  TO  SUPREME  COURT  OR  JUDGE.  Sec. 

109.    If  any  objection  be  preferred  in  writing  as  aforesaid,  or 

if  the  said  Registrar-General  be  not  satisfied  of  the  sufficiency 

of  the  title  of  the  applicant,   it  shall  be    lawful    for  the    said 

Registrar-General  either  to  refuse  to  grant  such  certificate,  and 

the  applicant  or  other  person  making  any  objection   shall   be 

at  liberty  to  require  the  said  Registrar  to  refer  the  matter  in 

dispute  to  the  decision  of  the  Supreme  Court,  or  to  any  Judge 

of  such  Court,  as  to  the  title  for  the  time^  being  in  question,  or 

any  matter  or  thing  relating  thereto;  and  9uch  Court  or  Judge 

as  aforesaid   is   hereby  authorized   and    empowered    to    decide 

every  such  matter  and  thing;  and  such  decision  or  order  shall 

be  sufficient   authority   for   the   Registrar-General   to  certify   in 

favor  of  the  issue  of  the  Crown  grant  to  the  'person  by  such 

decision  or  order  held  to  be  entitled  to  the  same.    R.   L.   No. 

131,  s.  4. 

SUMMARY  MODE  OF  REFERENCE  AND  DECISION. 
Sec.  no.  The  matter  in  dispute  may  be  brought  before  the 
Court  as  aforesaid,  by  way  of  a  case  stated  by  the  claimant,  or 
by  the  Registrar-General,  in  such  form  as  he  shall  deem  ex- 
pedient, or  before  a  Judge  by  summons ;  and  thereupon,  the 
30 


BRITISH  COLUMBIA. 


Court  or  Judge  iihaU  decide  all  questions  of  law  and  fact,  or  if 
to  desired  by  the  claimant,  shall  order  any  question  of  fact 
to  be  tried  by  a  jury  in  the  usual  way,  and  to  direct  by  whom 
and  to  whom  the  cost  (if  any)  consequent  on  or  attending  the 
application  (the  granting  and  amount  of  which  costs  shall  be 
entirely  in  the  discretion  of  the  Judge,  of  the  Court)  be  paid, 
or  the  Judge  may  refuse  to  decide  the  matter,  and  refer  it  to 
the  Court.    R.  L.  No.  iji,  s.  5. 

REGISTRAR  MAY  SUMMON  WITNESSES.  Sec.  in. 
The  claimant  aforesaid  is  hereby  empowered  and  shall  be  en- 
titled to  obtain  a  summons  at  the  ofHce  of  any  Registrar  of  the 
Supreme  Court  to  any  witness,  with  or  without  a  clause  requir* 
ing  the  production  of  papers  and  documents  in  his  possession 
or  control.    R.  L.  No.  131,  s.  6,  part. 

POWER  TO  ENFORCE  ATTENDANCE.    Sec.  xia.    Every 
person  on  whom  such  summons  shall  have  been  served,  either 
personally  or  in  such  other  manner  as  shall  be  directed  by  the 
Court  or  Judge,  and  to  whom  at  the   same  time  payment  or 
tender  of  payment  of  his  expenses  shall   have  been  made,  on 
such  scale  of  allowance  as  shall  for  the  time  being  be  in  force 
for    witnesses    generally,   according    to  the  rules   of    the  said 
Court,  and  who  shall  refuse  or  neglect,  without  su0icient  cause, 
to  appear  or  to  produce  any  such  papers  or  documents  required 
by  such  summons  to  be  produced,  shall  forfeit  and  pay  a  fine 
not  exceeding  fifty  dollars,  as  the  Judge  shall  set  on  him;  and 
the  whole  or  any  part  of  such  fine,  in    the    discretion  of    the 
Judge  or  Court,  after  deducting  the  costs,  shall  be  applicable 
towards  indemnifying  the  party  injured  by  such  refusal  or  neg- 
lect, and  the  remainder  thereof  shall  be  paid  into  the  Treasury 
of  the  Province,  to  the.  use  of  Her  Majesty,  Her  heirs  and  suc- 
cessors.   R.  L.  No.  113,  s.  6,  part. 

ISSUE  OF  GRANT  NOT  TO  AFFECT  EQUITIES.    Sec 

113.  The  iss]ue  of  any  such  grant  as  aforesaid  shall  not  bar  or 
in  any  way  affect  any  equities  that  there  may  be  attaching  to 
or  affecting  the  land  or  the  title  thereto  at  the  time  of  the  issu- 
ing of  the  Crown  grant  thereof.    R.  L.  No.  131,  s.  7. 

INDEMNIFIES  ALL  GOVERNMENT  OFFICERS.    Sec. 

114.  No  action  or  other  proceeding  shall  be  maintainable  at 
any  time  hereafter,  by  any  person  against  th^  Registrar-Gen* 
eral,  nor  shall  he,  or  any  other  officer  of  the  Government  whom- 


see 
soe 
cert 

C 

TIC 

Chie 

afore 

aJi  p, 

coinp 

or  Jt 

said  I 

sbaii  I 

as  a/01 

^''Pt  a 

RE( 

MEAN 

powerec 

'"idenc^ 

^rant  as 

*"y  witi 

solemn 
shalj, 

Chief  c< 
^"i  faJse 
'lent  or 
"Pon  coi 

°ne  hunt 
''"■««  calm 

Fee 

fo  the  u] 
^'"''^ate  sol 
part  of  tl 
«•  tx. 


BOOK« 
P^'ited  unl 


m 


CKOVVN  LANDS. 

"  J«<l««.  «  ,„y    !S^?'  "<'  «he  d.c«i„„  „  °' ""'  «o  the  land 
said  p,p„,  ,  "71  "fcO'Md  .,  hertinbelo™         f  "'  ""  Court 

^""i  •»  dj^ru^fr"'""''.  and  d.c,"r„?;;  ^'r'"'-:  •»<!  .h" 

^'•- "  '■-  Of  h':  ^«  .<" ;"« ««"i«rGa:[  ir  °«- 

REGISTRAR  ri!.^         '  ""'  »««•    S   L    m    *'*  "  •>« 
FALSE    STA^t^Jl^^^^    MAY    ADMt«,o'      °-  '"'  '•  »• 

""»  as  afoMMid-  Jj  *'•  "'  any  person  T  '"  »'  «'»'"« 
solemn  decl.!!«  ^''""'  «to  writing  h  '""•™"t  made  by 
fkW  Con,„i„T„  "'*«""««    before    .„y°*^"    "'"o"    who 

upon  conviction  .i  ...  """""xl  guilty  of.  ^  ™aterial  docu. 
<'y  »l.ichTe7,  't  '"  '«"'«.  at  t  ,e  d  ,'„?""'""««"or.  and 
°-  hundr^*  doir,"'"''-  '°  "•  ««<!  in  .~  "'  "«  Cou^ 

J'EE  FOR  CERTTPT-^..  '^''  »•  'o-  "««!"» 

'"  "«  Re<ri«r.;7.        "*^^TE.    S«    ,„     tk 

«»  of  the  Land  Registry'  Office  T"r""?  '"  « 

•    «•   i~   No.    13,, 


mm0»^' 


308 


BRITISH  COLUMBIA. 


shall  enter  the  date  and  particulars  of  every  record,  certificate 
of  improvement,  or  other  document  relating  to  or  in  any  man- 
ner affecting  any  pre-emption  claim  within  his  district.  1884, 
c  16,  s.  ^. 

NOTICES  OF  SURVEYS  TO  STATE  NAME  OF  APPLI- 
CANT FOR  SUCH  SURVEY.  Sec.  119.  All  notices  inserted 
by  the  Chief  Commissioner  of  Lands  and  Works  in  the  British 
Columbia  Gazette,  of  surveys  made  under  authority  of  this  Act, 
shall  state  the  name  of  the  applicant  for  whom  such  survey 
has  been  made.    1884,  c.  16.  s.  70. 

FEES  PAYABLE  TO  THE  LANDS  AND  WORKS  DE- 
PARTMENT. Sec.  120.  The  fees  hitherto  collected  and  re- 
ceived by  the  Lands  and  Works  Department,  shall  be  deemed 
to  have  been  lawfully  collected  and  received,  and  the  following 
fees  shall  hereafter  be  due  and  payable,  viz:— 

For  every  Record  or  Certificate  of  Improvement $2  00  each 

For  every  Crown  grant 5  00  each 

For  the  survey  of  every  one  hundred  and  sixty  acres  of  land, 
or  fraction  thereof,  fifteen  cents   per  acre. 

1884,  c.  16,  s.  75 ;  1891,  c.  15,  s.  15. 

APPLICATION  OF  FINES.  Sec.  121.  All  fines  and  fees 
payable  under  this  Act  shall  be  deemed  to  be  made  payable  to 
the  use  of  the  Crown.    1884,  c.  16,  s.  68. 

CHINESE  NOT  TO  RECORD  OR  ACQUIRE  CROWN 
I.ANDS.  SUCH  RECORD  OR  GRANT  TO  BE  VOID.  Sec. 
122.  It  shall  not  be  lawful  for  a  Commissioner  or  any  other 
person  to  issue  a  pre-emption  record  of  any  Crown  land,  or  sell 
any  portion  thereof,  to  any  Chinese,  nor  grant  authority  under 
the  sa«H  Act  to  any  Chinese  to  record  or  divert  any  water  from 
tb'-  natura!  channel  of  any  stream,  lake,  or  river  in  this  Prov- 
ince; Any  record  or  grant  made  contrary  to  the  provisions  of 
this  section  shall  be  void  and  of  no  effect.    1884,  c.  2,  ss.  i  &  2- 

LICENSES  TO  PROSPECT  FOR  COAL.  Sec.  122a.  Not 
^withstanding  anything  in  any  Act  contained,  it  shall  be  lawful 
to  grant  licenses  to  prospect  for  coal  over  reserved  lands,  but 
such  licenses  shall  be  subject  to  such  restrictions,  conditions, 
and  regulations  as  may  be  imposed  by  the  Lieutenant-Govemor 
in  Council.    1891,  c.  15,  s.  16. 


CROWN  LANDS 
SCHEDULE      Sec 

CERTAIN  PARTTPc   1., 

second  dav  «/2  f     ^  'equ'red  by  law  nri^-  ^^'^'^   *nay 

■s'ons  of  the  "Land  a"  "'"^  '""^  '^"'P"^^  with  th"  ^''* 
'^"d  applied  for  Jf  ti?         '     ""^^  •>«  Permitted   t^  /  *"  P'®' 

I'^^ore  the  th-1     .  ^'^^  Purchase  be  carried  V  Purchase  the 

two,  but  L^?'"'^  September,  eightee '  h  ^V"'^'*^''^"  «"  or 
^^'orks  ban  h  ''  '"'  ^'  *»»«  Chie^Com^W  ''  ""'  "'"^^y 
»•>«  purcha"  f'^"^"^  *^«*   b«  forTj     °""'  "'  ^*«d«  and 

.  ,/  --  .o.d  have  been  alJed  t  p-^e'd^  ^^^^  A. 


! 


L 


310 


BRITISH  COLUMBIA. 


I. 


SCHEDULE 

Form  No.  1. 

"LAND  ACT." 

Declaration  of  Intention.    (Sec.  5.) 

«  of  ,  a  subject  (or  citizen)  of 

do  solemnly  and  sincerely  declare,  that  it  is 
honestly  my  intention  to  become  a  British  subject,  and  to  re- 
nounce forever  all  other  allegiance  and  fidelity  to  all  and  any 
foreign  prince,  potentate,  state,  and  sovereignty  whaiaoever; 
and  I  make  this  declaration  by  virtue  of  the  "Evidence  Act, 
xS04." 

Declared  and  signed  before  me,  this  day  of  18     , 

(fty  the  declarant. 

Signature  of  Declarant. 


Commissioner  or  J.  P. 
1884,  c.  16,  Sell.,  Form  i;  1896,  c.  28,  s.  9. 


Form  No.  2.        ' 
"LAND  ACT." 
Declaration.    (Sees.  7  S'  8.) 
District  of 
I,  of  ,  do  solemnly  and  sincerely  de- 

clare that  the  land  for  the  record  of  which  I  have  made  appli- 
cation, dated  the  day  of  >  18    ,  is  unoccupied  and 
■unreserved    Crown    Land,   within    the  meaning  of    the  "Land 
Act,"  and  is  not  an  Indian  settlement,  or  any  portion  thereof; 
that  I  have  staked  off  and  marked  such  land  in  accordance  with 
the  provisions  of  the  "Land  Act;"  that  my  application  to  record 
is  not  made  in  trust  for,  on  behalf  of,  or  in  collusion  with,  any 
other  person  or  persons,   but  honestly  on   my  own  behalf  for 
settlement  and  occupation;  and  I  also  declare  that  I  am  duly 
qualified   under   the  said   Act   to  record  the  said   land;  and  I 
make     thiii    solemn     declaration     conscientiously    believing     the 
same  to  be  true,  and  by  virtue  of  the  "Evidence  Act,  1894." 

Declared  and  subscribed  by  the  within  nahied  >  oti 

the  day  of  ,  A.  D.  18     ,  before  me. 


Signatu<-e  of   Declarant. 


Commissioner  or  J.  P. 
1884,  c.  16,  Sch.,  Form  2;  1896,  c.  a8,  s.  9. 


CROWN  LANDS.  311 

Form  No.  j* 
"LAND  ACT.*' 

Certificate  of  Pre*emption  Record.    (Sec.  la.) 

Original    (to  be  retained  by  settler.)    No.  in  District    Register. 

District  of 

Name  of  pre-emptor 

Date  of  record 

Number  of  acres 

Where  situated 

Description  of  boundaries  of  claim 

The  above  boundaries  are  subject  to  confirmation  with  and 

rectification  upon  official  survey.  

Signature  of  Commissioner. 

N.  B. — Plan  of  the  claim  to  be  drawn  on  the  back  of  this 
sheet. 

1884,  c.  16,  Sch.,  Form  3. 


Form  No.  4. 
"LAND  ACT." 

Certificate  of  Improvement. 

District  of 
I  hereby  certify  that  has  satisfied  me,  by  the  evi- 

dence of  (*  ),  that  of  ,  has  been  in 

occupation,  as  required  by  the  "Land  Act,"  of  his  pre-emption 
claim,  recorded  as  No.  in  this  district,  from  the  date  of 

such  pre-emption  record  to  the  present  time,  and  that  he  has 
made  improvements  amounting  in  the  aggregate  to  two  dollars 
and  fifty  cents  an  acre  on  such  pre-emption  claim.  Surveyed 
and  numbered  on  the  official  map 

Signed  this  day  of  1  A.  D.  18    . 


Commissioner. 


1884,  c.   16,  Sch.,  Form  4. 


*Naming  the  witnesses  and  describing  their  and  any  other 
evidence  upon  which  the  Commissioner  has  come  to  his  judg* 

mtnt.  ' 


i^.ig*A* 


^.l 


31a  BRITISH  COLUMBIA. 

Form  No.  5. 

"LAND  ACT." 

Declaration.      (Sec.  22.) 
District  of 

We,  of  ,  do  solemnly  and 

sincerely  declare  as  follows: — 

And,  firstly,  I,  the  said  ,  for  myself  declare  that  I 

have  been  in  the  occupation  of  my  pre-emption  claim  from  the 
date  of  the  record  thereof,  and  have  made  permanent  improve- 
ments thereon  amounting  in  the  aggregate  to  two  dollars  and 
(itty  cents  per  acre  of  the  whole  land.* 

And,  secondly,  we  ,  for  ourselves,  declare  that 

the  above-named  has  made  permanent  improvements 

on  his  pre-emption  claim,  amounting  in  the  aggregate  to  two 
dollars  and  fifty  cents  per  acre  of  the  whole  land,  the  details 
whereof  are  correctly  set  forth  by  the  said 

And  we  make  this  solemn  declaration,  conscientiously  be- 
lieving the  same  to  be  true,  and  by  virtue  of  the  "Evidence 
Act,    1894." 

Declared  and  signed  by  the  within  named  on  the 

day  of  ,  A.  D.  18     ,  before  me 


Commissioner  or  J.  P. 
Declared  and  signed  by  the  within  named  * 

day  of  ,  A.  D.  18     ,  before  me 


Signature  of  Declarant. 

on  the 


Signature  of   Declarant. 


Commissioner  or  J.  P. 
Declared  and  signed  by  the  within  named 

day  of  ,  A.  D.  18     ,  before  me 


on  the 


Signature  of  Declarant. 


Commissioner,  or  J.  P. 
1884,  c.  16,  Sch.  Form  5.    1896,  c.  a&,  s.  9. 


*Here  set  out  fully  in  detail  the  nature  of  the  improvements. 


1 1 

I- 


yjj"y.|i?gBBaB5ecgsgmii'iuu.|giiM"-gi«iCW'Wi-|^^^^ 


CROWN  LANDS. 


■Form  No.  6. 
"LAND  ACT." 
.Declaration. 
I,  ^  ^^  District  of 

''    ^'*'  ^'^^^"^  -'^-h  has  been  survey'ed'as''"  '"'  ^^^•- 
i-e  lan.  ...H  X  c.i.  b.  virtue  o.  a  recor.  date.  tHe"^^'- 

the  present  ti^e!'    '   '^^^   *^^   '^  of  the '^ai^ ecord   ./Z 

^•ef  n A"he  'sare'Vt  iZ^'V^T'''^'''   conscientious,,   be 
Ac^   :88,."  ''-^'   and    by   virtue  of   the   "Evidenee 

Declared  and  signed  by 

'  i8    .  before  me.  '  °"  *^^  day  of 

Signature  of  D^dH^t. 

Commissioner,  o-  T    P 
-  ■«.  Sch.,  F„™  ,.  ^  /-^P.  ^    ^ 

Form  No.  7. 
L.  S.  (RoyaJ  Arms.) 

Province  of 

British  Columbia. 
No. 

"  "■"  P""'  "  lo.  of  land  ,i,„„e  ""'"  ""^  "- 

;"«)'  of  the  ..irt  ""''  '"'■»!'"«1  on  ,h.  official  plan 

»-'-  ".e  premise,  hereby  ^n't^J^h  1 !"''  "'  "'  '"" 

•  "^"n  their  appurtenances, 


3Ji 


='4    I 
-  ."      If 


f-i     ^, 


Jt4 


BRITISH  COLUMBIA. 

,   h  heirs    and 


unto   the   said  ,   b  heirs    and     assigns, 

forever. 

Provided,  nevertheless,  that  it  shall  at  all  times  be  lawful 
for  Us,  Our  heirs  and  successors,  or  for  any  person  or  persons 
acting  in  that  behalf  by  Our  or  their  authority,  to  resume 
any  part  of  the  said  lands  which  it  may  be  deemed  necessary 
to  resume  for  making  roads,  canals,  bridges,  towing  paths,  or 
other  works  of  public  utility  or  convenience,  so  nevertheless 
that  the  lands  so  to  be  resumed  shall  not  exceed  one-twentieth 
part  of  the  whole  of  the  lands  aforesaid,  and  that  no  such  re- 
sumption shall  be  made  of  any  lands  on  which  any  buildings 
may  have  been  erected,  or  which  may  be  in  use  as  gardens  or 
otherwise  for  the  more  convenient  occupation  of  any  such 
buildings. 

Provided,  also,  that  it  shall  at  all  times  be  lawful  for  Us, 
Our  heirs  and  successors,  or  for  any  person  or  persons  acting 
under  Our  or  their  authority,  to  enter  into  and  upon  any  part 
of  the  said  lands,  and  to  raise  and  get  thereout  any  minerals, 
precious  or  base,  other  than  coal  which  may  be  thereupon  or 
thereunder  situate,  and  to  use  and  enjoy  any  and  every  part 
of  the  same  land,  and  of  the  easements  and  privileges  thereto 
belonging,  for  the  purpose  of  such  raising  and  getting,  and 
«very  other  purpose  connected  therewith,  paying  in  respect 
of  such  raising,  getting,  and  use,  reasonable  compensation. 

Provided,  also,  that  there  shall  be,  and  there  is  hereby  re- 
served to  Us,  Our  heirs  and  successors,  a  royalty  of  five  cents 
upon  and  in  respect  of  each  and  every  ton  of  coal  raised  or 
gotten  frotn  the  lands  hereby  granted. 

Provided,  also,  that  it  shall  be  lawful  for  any  person  duly 
authorized  in  that  behalf  by  Us,  Our  heirs  and  successors,  lo 
take  and  occupy  such  water  privileges,  and  to  have  and  enjoy 
such  rights  of  carrying  water  over,  through,  or  under  any  parts 
of  the  hereditaments  hereby  granted  as  may  be  reasonably 
required  for  mining  or  agricultural  purposes  in  the  vicinity 
of  the  said  hereditaments,  paying  therefor  a  reasonable  com- 
pensation to  the  aforesaid  ,  h  heirs  and 
assigns. 

Provided,  also,  that  it  shall  be  at  all  times  lawful  for  any 
person  duly  authorized  in  that  behalf  by  Us,  Our  heirs  and 
successors,  to  take  from  or  upon  any  part  of  the  hereditaments 
hereby  granted,  without  compensation,  any  gravel,  sand,  stone, 


Her 
Legislati 
acts  as 

"SUR 
General,' 
«>n  holdi 

V\HO 
person    si 
unless  he 
veyor  acc< 

a'Jthorized 
then  in  ^ 

Surveyor 
^  a  penal 
•°  authorii 
^^'  Provin, 

I^ERSOJ 
^fovided.  h 
^  prevent 
^"«er.    and 


CROWN  LANDS. 

ince  of  British  CoI.,«,k-   '     ''•"•*"»«Goveraor  ^T^ 

.  and  in  the  .   '  °^"'"'  ''^t  hundred 

^BJ-  Coaman/"' <"  Our  reign. 

S«  -Sw,  c.  ,9.  ,    -  ^7*'  «•  •<•  Sch.,  Form  ,•  .a., 

'.  .n  ce  o,  ,.„,,  hei„/i/*'-„^  -• 

Legislative  Ass*mKi       ?  ^''^  ^^^  advice  anH 

'%;;;°"°-^^^^^  " """"  "^"- cShi:.  *' 

SUR VEYOR-GENTPP AT  ., 

-o'i:nr.reT«ei'  ^?S  I"  -  --r:e.?r- 

V^ HO   MAY  ACT    AC  """  ''^'"^-  P'" 

P^^son   Shan   act  i;   s,         ^^^^   SURVEYOR     c 
''"'ess  he  has  been  dul    '^''^r   °^   ^^nds    w^^thfn  Vk?""*    ^'    ^^'^ 

^••ithorized    before   th       ^'^^^^'^ns  of  this   aI.    *'  f  ^^"^  Sur- 
^n  in  force    and         ''"'''"^   *^ereof    acc^ri  """  ^^**  ^^««  so 

'''  Province  of  Briti  "   ^''^  '^    ''^'^-incialLnf'''-    ^'^"o«s 
PERSONS   irnr^      Columbia."  ^^"^   Surveyors   of 

3s    such    from 


f:  i  ! 


I     ! 


3i< 


BRITISH  COLUMBIA. 


Any  British  or  Canadian  University  or  chartered  Institute  of 
Engineers,  or  from  any  British  or  Canadian  Civil  Engineer 
or  firm  of  British  or  Canadian  Civil  Engineers  of  repute,  from 
making  such  surveys  as  may  be  incidental  to  works  of  con- 
struction upon  which  he  may  be  employed;  and  plans  of  such 
surveys  prepared  and  certified,  by  him  shall  be  authoritative 
and  admissible,  when  necessary,  to  public  record.  And  such 
Civil  Engineer  shall  be  entitled  to  practice  as  a  Provincial 
Land  Surveyor  when  he  shall  have  presented  such  credentials 
to  the  Board  of  Examiners,  or  shall  have  otherwise  satisfied 
the  Board  that  he  is  qualified  to  practice  as  a  Civil  Engineer 
in  some  part  of  Her  Majesty's  dominions,  and  shall  have  fur- 
nished proof  to  them  that  he  is  possessed  of  a  proper  knowl- 
edge of  the  Provincial  system  of  land  surveys,  and  has  resided 
in  the  Province  for  one  year  immediately  preceding  his  appli- 
cation for  admission.    1897,  c.  22,  s.  3. 


BOARD  OF  EXAMINERS. 

BOARD  OF  EXAMINERS.  Sec.  3.  There  shall  be  a 
Board  of  Examiners  for  the  examination  of  candidates  for  ad- 
mission to  practice  as  Land  Surveyors  in  the  Province  of  Brit- 
ish Columbia;  such  Board  shall  consist  of  the  Surveyor-Gen- 
eral and  five  other  Provincial  Land  Surveyors  to  be  appointed 
from  time  to  time  by  the  Lieutenant-Governor  in  Council,  and 
to  meet  at  the  office  of  the  Chief  Commissioner  of  Lands  and 
Works  on  the  first  Monday  in  each  of  the  months  of  April  and 
October  in  every  year,  unless  such  Monday  be  a  holiday,  in 
which  case  they  shall  meet  on  the  next  ensuing  day  not  being 
a  holiday,  and  may  adjourn  such  meeting  from  time  to  time 
as  they  deem  it  necessary. 

OATH  OF  OFFICE.  Sec.  4.  Each  member  of  the  said 
Board  shall  take  an  oath  of  office  according  to  Form  A  in  the 
.Schedule  to  this  Act,  to  be  administered  by  a  Judge  of  the 
Supreme  Court  or  a  Judge  of  the  County  Court,  and  three  of 
such  members  shall  form  a  quorum. 

SECRETARY  OF  BOARD.  Sec.  s-  The  said  Board,  or  a 
majority  thereof,  shall  from  time  to  time  appoint  a  fit  and 
proper  person  to  be  Secretary  of  such  Board,  who  shall  at- 
tend the  sittings  thereof  and  keep  a  record  of  its  proceedings. 


QVAl 
Sec.  9.    I 

titled   to 
veyor  unl 
^or  and  d 
tides  in 
^"Jy  execi 
Land  Sur^ 
«'ar  and 
years'  ser 
t'ce  in   th 
3s  to  his 
Land   Sur 


CROWN  LANDS 
ARTICLED  PUPILS 

articled    shall  •  ^  lamination  as   puoil,  1      •     ^'    ^^''-    7- 

for  examination,   aid   sLi.  '"^^^ntion    to    present    th.        f^' 

^-  receiving  at^d   enteH  "  ''^  .'°  *'^  SecretarHf    hr^    !? 
scribed.  «   entenng    such   notice    thefee    herdn 

.    EXAMINATION    FEES     Q        o  '"^^'"    ^^"^ 

for  and  T'   ^  ^^"   Previously  served  l       i?'"^^    ^"^    Sur- 
*^cles  in  tnw'''  ^'^^  °^  'h'e     u Jefst  ^  -^   faithfully 

^^   dominion  of  Canada 


.f<^ 


rS^'li 


3i8 


BRITISH  COLUMBIA. 


i 


may,  by  an  instrument  in  writing,  transfer  a  pupil  with  his 
own  consent  to  any  Provincial  Land  Surveyor  in  the  Province 
of  British  Columbia,  with  whom  such  pupil  may  serve  the  re- 
mainder of  his  term  and  the  time  that  such  pupil  has  served 
with  such  a  Land  Surveyor  of  any  other  Province  shall  be 
deducted  from  and  count  as  part  of  the  term  of  three  years 
mentioned  in  this  Act. 

PROVISO.  Provided  that  if  any  candidate  for  admission 
as  a  Provincial  Land  Surveyor  can  show  to  the  satisfaction  of 
the  Board  of  Examiners,  by  certificate  from  authorized  Sur- 
veyors, that  he  has,  prior  to  the  passage  of  this  Act,  served 
regularly,  though  not  under  written  articles,  as  an  assistant 
of  such  authorized  Surveyor  or  Surveyors  for  a  full  period  of 
three  years,  incltfding  at  least  twelve  months'  actual  practice 
in  the  field,  he  shall  be  entitled  to  present  himself  to  be  ex- 
amined for  admission  as  a  Provincial  Land  Surveyor:  Pro- 
vided also  that  it  shall  not  be  necessary  for  any  candidate  for 
admission  as  a  Provincial  Land  Surveycr,  who  may  have 
served  regularly  under  articles  for  a  term  of  three  years  with 
a  Surveyor  in  regular  practice  in  any  of  Her  Majesty's  do* 
minions  other  than  Canada,  to  serve  the  said  term  of  three  years 
under  a  Provincial  Land  Surveyor  of  this  Province,  but  he 
may  present  himself  for  examination  for  his  final  certificate 
after  serving  one  year  (of  which  six  months  must  have  been 
in  the  field)  with  a  Provinfcial  Land  Surveyor  of  this  Province, 
but  he  shall  also  produce  satisfactory  testimony  as  to  his  char- 
acter for  sobriety  and  probity. 

IF  SURVEYOR  DIES  ARTICLES  MAY  BE  COM- 
PLETED WITH  ANOTHER  SURVEYOR.  Sec.  lo.  If  any 
Provincial  Land  Surveyor  dies,  or  leaves  the  Province,  or  is 
suspended,  or  has  his  commission  canceled,  his  pupil  may 
complete  his  term  under  articles  as  aforesaid  with  any  other 
Provincial  Land  Surveyor  of  the  Province  of  British  Columbia. 

CASE  OF  PERSONS  HOLDING  CERTIFICATES  OF 
SOME  OTHER  PROVINCE.  Sec.  ii.  Any  person  who 
shall  have  been  duly  qualified  before  the  passing  of  this  Act, 
by  certificate,  diploma,  or  commission,  to  survey  Crown  lands 
in  any  other  of  the  Provinces  of  the  Dominion  of  Canada,  or 
who  may  hereafter  become  so  qualified,  and  in  which,  in  order 
to  be   so   qualified,   a   course   of  study,   including   the   subjects 


pre! 

or  1 

a  P 

bia 

bcinj 

syste 

Britii 

C> 

SOM 

IONS 

veyor 

mJnioi 

ments 

to   be 

'n  this 

the  sys 

of  Briti 

CAS 
LEGES 
uJar  coi 
by  this 
through 
college 
course 
^rom   su< 
?ree  vou 
years  as 
one  year' 
"•'^yoT,  su< 
^'ce  in   th 
XOTIC 
CANDia 
examined 
^and  Surv 
«t  least   or 
^'ous  to  th 
transmit  th 


C^'^OWN  LANDS 
prescribed   by  this  Act    U  ■  '  9tp 

•"'■"e  subjected^  ''  '"^  "■•  't™  .fo,~   -    ""''  '^■"•""• 

British  CoCbT  °'  "••  ''"^'"C"'  >.nd.  or,hV  ^".'"  "•• 
CASE  OP  PER<!r,vc  ""  "' 

SOME   OTHER    pfii?    FOLDING    CERtt«.,^ 
IONS.    S«    .^if^.'^T-  OF   HER     majeJtv^F^^^S    "^ 
«yor  duly  admitted  t'"  ""'  "•  "«««ry  K^     DOMIN- 
""•nion,  other  ,h«c^„  T'""  ■"  "^  of  H^  V^  ^"^  ^"'■ 
""ts  i,  shown  ,„  ,?"»<■»•  in  which  the  «fl?  Majesty',  do- 

'n  th  s  Act  to  „«!!  theory  and  oraetirA  .  °^°'  Examiners 
"-  system  "os."^'';/"  r:  «»"i«t""  "hi°  .t"  "'""'^'O 
"'  British  CoIuXror"  ot ''vl"""'  '-^3  of'The^Pr?"'' 

!»•  this  T«    or  ,/  ■"  .""  ""  br^nZfolZ      """•^  »  «8- 

""^ee  or  „„ive^^;  ^r™-  '-  at  ,ea,t  two'^^^.^^""'^"' 
t:oijrse  of  au^u  •  "^"^^^e  there  mav  h^  «-„  •  ^^^'  'P  any 
from  such  cot  JJ"'™"'""-   «<f   »ho  t.  T""^  '  ~""""' 

l-^"  as  aforeJi    k"'  *""   "<>«   be    SIh    f""°""'    "■•  "ie- 

one  year's  :"wee'nd'   "■""   "'  ""tW  te  «„• ""'    '"ree 
«yor.  such  r.™         ''"'  »"i<:'M  wilh  a   b      ^'""""Mion   after 

^-  i^r  fi:r'  ^°  -'-^^e  at  iea:^i/;~^i:^^  '"^• 

CANDIDATF^     /LAMINATION    TO     Pi?     ^ 

--  s  ~-  V?-"  «sr^  S"S'  r"S 

."f*'  «ch  candidate   shalTn     "'     "'    ''•'°"  beine    so    . 

'  — »n  fee  hr„,?;:  rcHbt^—  "'  '^^  ^ 


3M 


BRITISH  COLUMBIA. 


WHO  MAY  RECEIVE  COMMISSION  AS  PROVIN- 
CIAL LAND  SURVEYOR.  Sec.  16.  No  person  shall,  unless 
he  is  thereto  entitled  under  any  other  clause  of  this  Act,  re- 
ceive a  commission  from  the  Government  authorizing  him  to 
practice  as  a  Provincial  Land  Surveyor,  unless  he  has  complied 
with  the  foregoing  provisions  of  this  Act,  nor  until  he  has  at- 
tained the  full  age  of  twenty-one  years  and  has  passed  a  satis- 
factory examination  before  the  Board  on  -the  following  sub- 
jects, viz.: — Plane  and  solid  geometry;  spherical  trigonometry, 
so  far  as  it  includes  the  solution  of  triangles;  the  use  of  loga- 
rithms; measurement  of  areas,  including  their  calculation  by 
latitude  and  departure;  and  dividing  or  laying  off  lands;  a 
knowledge  of  the  elements  of  practical  astronomy,  and  the  solu- 
tion  of  the   following  elementary   problems: — 

(a.)  To  ascertain  the  latitude  of  a  place,  from  an  observa- 
tion of  a  meridian  altitude  of  the  sun  or  of  a   star. 

(b.)  To  obtain  the  local  time  and  azimuth,  from  an  ob- 
served altitude  of  the  sun   or  a  star 

(r.)  From  an  observed  azimuth  of  a  circumpolar  star,  when 
at  its  greatest  elongation  from  the  meridian,  to  ascertain  the 
<lirection  of  the   latter. 

He  shall  be  practically  familiar  with  surveying  opera- 
tions, and  capable  of  intelligently  reporting  thereon,  and  be 
•conversant  with  the  keeping  of  iield-notes,  their  plotting  and 
representation  on  plans  of  survey,  in  a  style  of  draughtsman- 
shin  satisfactory  to  the  Board;  description  of  lands  by  metes 
tir('  bounds  for  title,  and  with  the  adjustment  and  methods  of 
us>c  of  ordinary  surveying  instruments;  and  shall  also  be  per- 
fectly conversant  with  the  system  of  survey  as  embodied  in  the 
Land  Acts  and  the  law  regufiing  the  registration  of  plans  in 
the    Province    of    British    CoUimbia. 

PERSONS  WHO  HAVE  ALREADY  SERVED  OR 
PASSED  CERTAIN  EXAMINATIONS  MAY  BE  AD 
MITTED.  Sec.  i6a.  Notwithstanding  anything  in  the  "Pro- 
vincial Land  Surveyors'  Act,  1891,"  any  person  who  shall  have 
passed  the  examination  for  and  served  two  years  in  any  of 
Her  Majesty's  surveys,  or  as  an  officer  in  Her  Majesty's  Royal 
Engineers,  or  who  may  have  served  regularly  under  articles 
for  a  term  of  two  years  with  a  Surveyor  in  regular  practice 
in  any  of  Her  Majesty's  Dominions,  or  who  has  been  in  the 
active  employ  of  any  chartered  railway  company  in  this  Prov- 


CROWN  LANDS. 


mce  ^AXVDS. 

PERSON  •      Rpr^r.rr  «PP'«nt.ce.hip. 

and  rcQuired  tn  «/  •   •      Examiners,  who  .•.  i.     ?       "°'"*  any 

WHERE  DEPOSITPn  '   "° 

,  A  register   o/  a^r'  '^''   «'"k»-  "  °'  ""  ^hief 

FEES    TO    BE    p  '  ^°"'''  ''°<'   Work,.        *'  °««  <"  'he 
'""owinir  fc«  shaU  b?      .  ^"^    ^»E    BOARD     , 

dollars.  '*^"'^*  ^^'^  examination  before  k-  ^^'^  °"  ^'^'"^ 

rfi.)    To    the    S  ^"'"^  ««^<^'<^d.  two 


323 


BRITISH  COLUMBIA. 


'I 


i!^ 


w 


(fi.)  To  the  Secretary  of  the  Board,  as  an  admission  fee, 
by  any  candidate  receiving  a  commission,  thirty  dollars. 

All  the  above  fees  shall  be  paid  over  to  the  Chief  Commis- 
sioner of  Lands  and  Works  to  the  credit  of  the  Consolidated 
Revenue  Fund. 

WHEN     BOARD    MAY    SUSPEND    LICENSED    SUR- 
VEYORS.    Sec.    20.    A   Board,    consisting   of   the   said   Board 
of  Examiners,  may  in  its  discretion   suspend  for  such  a  time 
as  it  shall  think  fit,  or  cancel  the  commission  of  any  Provin* 
cial   Land   Surveyor  whom  it  finds  guilty  of  gross  negligence 
or  corruption  in  the  execution  of  the  duties  of  his  office;  but 
such  action  shall   not  be  taken  without  such   surveyor  having 
been  previously  summoned  in  order  to  be  heard  in  his  defense, 
nor  until   the  Board  has   heard   the   evidence   offered,   both  in 
support  of  the  complaint  and  on  behalf  of  such  surveyor;  and 
if   after  bei^ig  summoned  as  aforesaid   the   surveyor   does   not 
appear,   the  above-mentioned    board   may    appoint    a    fit    and 
proper  person  to   present  the  evidence   on   behalf  of   the   sur- 
veyor. 

SURVEYORS'  CHAINS  TO  BE  CERTIFIED  BY  FED- 
ERAL AUTHORITIES.  Sec.  20a.  Every  Land  Surveyor 
duly  admitted  to  the  profession,  and  practicing  in  this  Prov* 
ince,  shall,  under  penalty  of  forfeiting  his  license  or  certifi- 
cate, procure  and  cause  to  be  examined,  corrected,  and 
stamped,  or  otherwise  certified  by  the  Federal  authorities,  a 
standard  measure  of  length,  and  every  such  Surveyor  shall, 
previously  to  using  a  chain  for  surveying,  verify  by  such 
standard  the  length  of  his  chains.    189a,  c.  27,  s.  4. 

RECOVERY  OF  PENALTIES.  Sec.  21.  Any  penalty  re- 
coverable under  this  Act  may  be  recovered  by  way  of  sum- 
mary proceedings  before  any  single  Justice  of  the  Peace  hav- 
ing jurisdiction  in  the  locality  in  which  the  offense  was  com- 
mitted, and  every  such  penalty  may,  together  with  the  costs 
of  conviction,  be  levied  by  distress  and  sale  of  the  goods  and 
chattels  of  any  offender,  and  in  case  such  goods  and  chattels 
shall  prove  insufficient  to  satisfy  such  penalty  and  costs,  then 
by  imprisonment  of  such  person  so  offending,  for  any  term 
not  exceeding  one  calendar  month. 

SHORT  TITLE.    Sec.   22.    This   Act  may  be   cited  as  the 
"'Provincial    I^and    Surveyors*   Act,    i8gi." 


CROWN  LANDS.  sas 

SCHEDULE. 

FORM  A. 

(Section  S-) 

OATH   OF  MEMBER   OF  BOARD   OF   EXAMINERS. 

I,  .of  ,   having 

been  appointed  a  member  of  the  Board  of  Examiners  for  the 

admission   of   Provincial    Land   Surveyors   for   the   Province   of 

British   Columbia,   do   sincerely   promise   and   swear   (or   affirm, 

as  the  case  may  be)  that  I  will  faithfully  discharge  the  duties. 

of    such  o^ce    without  favor,  affection,  or  partiality;    so  help 

me  God. 

Sworn  before  me,  ,  at  ,  this  day  of 

.  iH      • 


FORM  B. 

ARTICLES    OF    PUPIL    TO    PROVINCIAL    LAND    SUR- 
VEYOR. 


day  of 
,   between   A.    B.,   of 


These  Articles  of  Agreement,  made  the 
one  thousand   eight   hundred   and 

of  ,  Prov.-uc'al  Land  Surveyor,  of  the 

one  part,  and  C.  D.,  of  ,  and  E.  F.,  son  of 

the  said  C.  D.,  of  the  other  part,  witness: — 

That  the  said  E.  F.,  of  his  own  free  will,  and  by  and  with 
the  consent  and  approbation  of  the  said  C.  D.,  doth,  by  these 
presents,  place  and  bind  himself  pupil  to  the  said  A.  B..  to 
serve  him  as  such  from  the  day  of  the  daie  hereof,  for  and 
during  and  until  the  full  end  and  term  of  three  years  from 
hence  next  ensuing,  and  fully  to  be  completed  and  ended. 

And  the  said  C.  D.  doth  hereby,  for  himself,  his  heirs,  exec- 
utors and  administrators,  covenant  with  the  said  A.  B.,  his 
executors,  administrators  and  assigns,  that  the  said  E.  F.  shall 
well  and  faithfully,  and  diligently,  according  to  the  best  and 
utmost  of  his  power,  serve  the  said  A.  B.  as  his  pupil  in  the 
practice  or  profession  of  a  Provincial  Land  Surveyor,  which 
he.  the  said  A.  B.,  now  followeth,  and  shall  abide  and  con- 
tinue with  him  from  the  day  of  the  date  hereof,  for  and  dur- 
ing and  unto  the  full  end  of  the  said  term  of  three  years. 

And  that  he,   the  said   E.   F.,   shall   not,  at  any  time  during^ 


-'.  -Am  V 

4-," 


•  >n 


I    I 


324 


BRITISH  COLUMBIA. 


such  term,  cancel,  obliterate,  injure,  spoil,  destroy,  waste, 
embezzle,  spend  or  make  away  with  any  of  the  books,  papers, 
writings,  documents,  maps,  plans,  drawings,  field«notes, 
moneys,  chattels,  or  other  property  of  the  said  A.  B.,  his  ex- 
ecutors, administrators  pr  assigns,  or  of  any  of  his  employers; 
and  that  in  case  the  said  £.  F.  shall  act  contrary  to  the  last 
mentioned  covenant,  or  if  the  said  A.  B.,  his  executors,  admin- 
istrators or  assigns,  shall  sustain  or  suffer  any  loss  or  damage 
by  the  misbehavior,  neglect,  or  improper  conduct  of  the  said 
E.  F.,  the  said  C.  D.,  his  heirs,  executors,  or  administrators, 
will  indemnify  the  said  A.  B.,  his  executors,  administrators  or 
assigns,  and  make  good  and  reimburse  him  or  them  the 
amount  or  value  thereof. 

And  further,  that  the  said  F,.  F.  shall  at  all  times  kee^    tl 
secrets   of  the    said   A.    B.    in   all   matters   relating  to   the     h. 
business  and  profession,  and  will,  at  all  times  du''ag  the  said 
term,  be  just,  true  and  faithful  to  the  said  A.  B.,  in  all  matters 
and  things,  and,  from  time  to  time,  pay  all  moneys  which  he 
shall  receive  of  or  belonging  to  or  by  order  of  the  said  A.  B. 
into  his  hands,  and  make  and  give  true  and  fair  accounts  of  all 
his  acts  and  doings  whatsoever  in   the  said  business  and  pro- 
fession, without  fraud  or  delay,  when  and  so  often  as  he  shall 
thereto  be  required;   and  will  readily  and  cheerfully  obey  and 
execute    his   lawful    and    reasonable    commands,    and   shall   not 
depart  or  absent  himself  from  the  service  or  employ  of  the  said 
A.    B.   at  any  time  during  the  said   term,  without  his   consent 
first  had  and  obtained,  and  shall,  from  time  to  time,  and  at  all 
times  during  the  said  term,   conduct  himself  with  all  due  dili- 
gence and  with  honesty  and  sobriety. 

And  the  said  E.  F.  doth  hereby,  for  himself,  covenant  with 
the  said  A.  B.,  his  executors,  administrators  and  assigns,  that 
he,  the  said  E.  F.,  will  truly,  honestly  and  diligently  save 
the  said  A.  B.  at  all  times,  for  and  during  the  said  term,  as  a 
faithful  pupil  ought  to  do,  in  all  things  whatsoever  in  the  man- 
ner above  specified. 

In  consideration  whereof,  and  of  1'  iawfu! 

money  by  the  said   C   D.   to  the  said  A.   B.  paid  at  or  before 
the  sealing  and  delivery  of  these  presents   (the  receipt  whereof] 
is  hereby  acknowledged),  the  said  A.  B.,  for  himself,  his  heir? 
executors   and   administrators,   doth   covenant   with  the   said  Cj 
D.,  his  heirs,  executors  and  administrators,  that  the  said  A.  B- 


is 


^^^  Board 
*''«  office 


iste, 

otes, 
I  ex- 
yers; 
last 
invin- 
image 
i  said 
rators, 
[>rr>  or 
ii    the 

ve     ^* 

tie  said 

matters 

hich  he 

i  A.  B- 

ts  of  all 

md  pro- 

I  he  shall 

bey  and 

[hall  not 
the  said 
consent 
A  at  all 
[due  dili- 

[atit  with 
jns,  that 
kly  se.ve 
Irra,  as  » 

[the  man- 
lawful 
,r  before 
whereol 
Ihis  heir^  ] 
said  C' 
ud  A.  B' 


CROWN  LANDS. 


sn 


will  accept  and  take  the  said  E.  F.  as  his  pupil,  and  that  he, 
the  said  A.  B.,  will,  by  the  best  ways  and  means  he  may  or 
can.  and  to  the  utmost  of  his  skill  and  knowledge,  teach  and 
instruct,  or  cause  to  be  taught  and  instructed,  the  said  £.  F. 
in  the  course  of  study  prescribed  by  section  i6  of  the  "Pro- 
vincial  Land  Surveyors'  Act,  1891,"  in  practical  surveying 
operations,  and  in  the  use  of  instruments,  and  generally  in 
the  art,  practice  and  profession  of  a  Provincial  Land  Surveyor, 
which  he,  the  said  A.  B.,  now  doth,  and  shall,  at  all  times  dur- 
ing the  said  term,  use  and  practice,  and  also  will  provide  the 
said  E.  F.  with  all  the  necessary  and  reasonable  expenses  in- 
curred  in  transacting  or  performing  the  business  of  the  said 
A.  B.,  and  also  will,  at  the  expiration  of  the  said  term,  use  his 
best  means  and  endeavors,  9.  the  request,  cost  and  charges  of 
the  said  C.  D.  nnd  E.  F.,  or  either  of  them,  to  cause  and  pro- 
cure him,  th«  said  E.  F.,  to  be  examined  before  the  Board  of 
Examiners  of  candidates  for  commissions  as  Provincial  Land 
Surveyors:  Provided  the  said  E.  F.  shall  have  well,  faithfully 
and  diligently  served  his  said  intended  pupilage. 

And  for  the  true  performance  of  all  and  ever/  the  cove- 
nants and  agreements  aforesaid,  according  to  the  true  intent 
and  meaning  thereof,  each  of  them,  the  said  A.  B.  and  C.  D. 
doth  bind  himself,  his  heirs,  executors  and  administrators,  un- 
der the  other,  his  heirs,  executors,  administrators  and  assigns. 
in  the  penal  sum  of  five  hundred  dollars,  firmly  by  these  pres- 
ent': 

iii  uv'ftness  whereof,  the  parties  aforesaid  have  hereunto  set 
'i'    lir.nds  and  seals,  the  day  and  year  first  above  written. 

A.  B.  (Seal.) 
P  Signev  >  s'nled  and  delivered  C.    D.    (Seal.) 

in  the  presence  of  E.  F.  (Seal.) 

G.  H., 

J.  K. 


FORM  C. 

COMMISSION  AS  PROVINCIAL  LAND  SURVEYOR. 

''^his  is  to  certify  to  all  to  whom  it  may  concern  that 
'^  hath   duly   passed   his    examination   before 

tli^  Board  of  Examiners,  and   hath  been  duly  qualified   to  fill 
'he  office  and   perform   the   duties   of  a   Provincial    Land    Sur- 


m 


3*6 


BRITISH  COLUMBIA. 


m 


ill; 


veyor  in  and  for  British  Columbia,  he  having  complied  with 
all  the  requirements  ot  the  law  in  that  behalf;  wherefore  he, 
the  said  ,   is  hereby  duly  admitted  to   the   said   office, 

and  commissioned  for  the  discharge  of  the  duties  thereof,  and 
is  by  law  authorized  to  practice  as  a  Surveyor  of  Provincial 
land  in  British   Columbia. 

In  witness  whereof,  we,  the  President  and  Secretary  of  said 
Board,  have  signed  this  commission  at  on  this 

day  of  ,  x8     . 


President. 


Secretary. 


1888.— CHAPTER  109.-51  VICTORIA. 

AN   ACT   RESPECTING    THE    OFFICIAL   SURVEY    OF 

LANDS. 

Her  Majesty,  by  and  with  the  advice  and  consent  of  the 
Legislative  Assembly  of  the  Province  of  British  Columbia,  en- 
acts as  follows: 

ORIGINAL  BOUNDARY  LINES. 

BOUNDARIES    PLACED    UNDER    THE    MJTHORITY 
OF  THE  GOVERNMENT  TO   BE  DEEMED   THE  TRUE 
ONES,  &c.    Sec.   i.    All  boundary  lines  of  townships,  ranges, 
sections,   or   legal   subdivisions  of   sections,   blocks,   gores,   lots 
and  commons,   surveyed  and   run;    and  all   mounds,   posts,  or 
monuments,   marked,   erected,   placed  or  planted  at  the  angles 
of  any  townships,  ranges,  sections,  or  other  legal  subdivisions, 
blocks,   gores,   lots,  commons,  or  other  parcels  of  land,  under 
the  authority  of  the   Government  heretofore  or  hereafter,  shall 
be   the   true   and   unalterable    boundaries   of    such    townships, 
ranges,    sections,    or    other    legal    subdivisions,    blocks,    gores, 
lots,   commons,  or  other  parcels  of  land  respectively,   whether 
the  same,  upon  admeasurement,  be  or  be  not  found  to  contain 
the  exact  area  or  dimensions   mentioned  or  expressed  in  any 
patent,  grant,  or  other    instrument,    in    respect    of    any    such 
township,    range,    section,   or    other    legal    subdivision,   block, 
gore.  lot.  common,  or  parcel  of  land.    1886,  c.  ao,  a.   i. 


ON  C 

lines 
be  stn 

'"?    PC 

the  offi 
Here  in 

AS  : 

Every   j; 

^''Quot  J 

gore,  Co! 

3  grant  < 

tain  on 

*''3n   thai 

m.  c. 

CASES 

5-   In  aljl 

f^J-  dividl 

'^Jfa'   subj 

"'onumentl 
^°"nd.  he  f 

^^  admitJ 

^«  same  [ 

iJ'^o'-  shall 

,J«Puted  ml 

^*"ce  inti 

P'^'sions   (a 

^'"al    s«, 

n  'ntendc 


CROWN  LANDS. 


TOWNSHIPS     «►       Trv  ^ 

INCLUDED     w'lTHm    rUK^^^l^^  ^^^   ™E   SPACE 
tv.ry  township.   ,ec,to^  „^"f/K     BOUNDARIES.    S«     f 
eore,  common,  lot  or  „»„ T   ,  *"  '««»■    subdivision     m    u 
width  inc.ud«^  be  wwn*"^"'  •"  "l*  """  ~»»is.  o   "h.  "hi" 

«r  bo„„da,i«  r„p::Zy'soZ"L"""'-'t  ■""'•  "-•■-». 

'd  by  the  authority  aforesaid    «  .1     '  """''«'•  P'««d  or  pl«, 

DIVISION   LINES  Tr>  ^<,..  "' 

ON  OPPOSITE  Sioi  OF  B?n^^^^^O'^D   WITH   LINES 

--r«i-  r-'- --"i-  ^^rS 

«-  '"ended  to  be  on  th?Lme°:.A  « t"!'  '"'  ^"^  P-s 
^  AS  TO    ALIQUOT    parts  Z  "*'  "  "'  '■  '' 

Every  patent,    grant   or   in«r„Ll,?^    TOWNSHIPS.    Sec    4 

*'as"*     *  """'■  '""'   °"'~«" 

«Ep'LS%Ho°UND™p^«^Ov^°^'^   °«   MONU. 
f  tie  sam?  '«specting  such  sid/Zl  ^"^  "^*"'*  ^^  the 

^^nded  m   such  original   survey  ?,\  P'°Portionate    to 

"rvey.   as  shown   on  the  plan# 


Il    '  > 


3:28 


BRITISH  COLUMBIA. 


ri:i 


■.'■'1 

■'till'! 


and  field-notes  thereof  of  record  in  the  office  of  the  Chief 
Commissioner  of  Lands  and  Works;  and  if  any  portion  of  the 
township,  range  or  section  line  (as  the  case  may  be)  on  which 
such  corner,  mound,  post,  or  monument  was  or  should  have 
been  planted  in  the  original  survey,  should  be  obliterated  and 
lost,  then  the  Surveyor  shall  run  a  line,  similar  to  that  shown 
on  the  original  plan  and  field-notes,  between  the  two  nearest 
points  or  places  where  such  line  can  be  clearly  and  satisfac- 
torily ascertained,  and  shall  plant  all  such  intermediate  posts 
or  monuments  as  he  may  be  required  to  plant  in  the  line  so 
ascertained,  giving  the  exact  width  to  any  allowance  for  a  road 
or  roads  set  out  in  such  original  survey;  and  the  comer  or  di* 
vision,  or  limits,  so  found,  shall  be  the  true  comer  or  division, 
or  limits,  of  such  lot,  section,  or  other  legal  subdivision.  1886, 
c.  30,  s.  4. 


SUBDIVISION  LINES. 

LAYING    OUT    SUBDIVISIONS,    WHEN    LAND    SUR- 
VEVrn  IN  SECTIONS  ONE  MILE  SQUARE.    Sec.  6.    In 
all  cases  when  a  Land  Surveyor  is  employed  to  lay  out  a  given 
half-section  or   quarter-section,  where   the  land   has   been   sur> 
veyed   into   sections   of   one   mile   square,    with   quarter-section 
posts  placed  upon  the  section  lines  every  forty  chains,  he  shall 
effect   the   same   by   connecting   the   opposite   original    quarter- 
section  corners   (should  the  same  be  existing,  or  if  the  same 
be   not     existing,    by    connecting   the   several     points     in  liea 
thereof  found   in    accordance   with    the    preceding    section)    by 
straight  lines;  and  in  laying  out  other  and  minor  legal  subdivi* 
sions  in  any  quarter-sections,  he  shall  give  such  legal   subdivi- 
sion  its   proportionate   share  of  the   frontage  and  intermediate 
breadth    of    such    quarter-section,  and    connect    the  points  so 
found  by  a  straight  line,  and  the  lines  or  limits  so  drawn  as 
above  on  the  ground  shall  in  the  respective  case  be  the  true 
lines  or  limits  of  such  half-section  or  quarter-section,  or  other 
legal   subdivision,   whether  the   same   shall   or   shall   not  corre* 
spond   with   the   area   expressed   in  the   respective   patents  for 
such  lands. 


CROWN  LANDS. 


8 


S5        Q"^«THR  Sbction. 


i9^« 


8' 


19.91 


i?.96Ji 


'8 

f8 


30.03 


20.02 


I 


8 


3O.02 


_30.0J 


^ 

^ 


30.I2 


20. 1 2 


80.48 


20.13 


20.12 


.  * 


330 


BRITISH  COLUMBIA. 


ASCERTAINING  DOUBTFUL   POINTS. 

SURVEYORS  MAY  ADMINISTER  OATHS  FOR  CER- 
TAIN PURPOSES.  Sec.  8.  For  better  ascertaining  the  orig- 
inal corner  or  limits  of  any  township,  section,  or  other  legal 
subdivision,  lot,  or  tract  of  land,  every  Provincial  Land  Sur- 
veyor acting  in  that  capacity,  may  administer  an  oath  or  oaths 
to  each  and  every  person  whom  he  may  examine  concerning 
any  comer,  mound,  post,  monument,  or  other  boundary  or 
any  original  landmark,  line,  limit,  or  angle,  of  any  township, 
section  or  other  legal  subdivision,  lot  or  tract  of  land  which 
such  Provincial   Land   Surveyor  is  employed  to  survey.     1886, 

€.    20,    S.    0. 

THE   COURSE    TO   BE   ADOPTED     BY    SURVEYORS 
TO     ASCERTAIN     THE      BOUNDARY      LINE      WHEN 
DOUBTFUL,    &c.    Sec.    9.    When   any   Provincial    Land   Sur- 
veyor is  in  doubt  as  to  the  Irue  corner,  boundary  or  limit  of 
any  township,   section,   lot,   or  tract  of  land  which  he  is   em- 
ployed to  survey,  and  has  reason  to  believe  that  any  person  is 
possessed  of  any  important  information  touching   such  comer, 
boundary  or   limit,   or  of  writing,  plan  or  document,    tending 
to  establish  the  true  position  of  such  corner,  boundary  or  limit, 
then  if  such   person  does  not  willingly  appear  before  and  be 
examined  by   such   Land   Surveyor,   or  does  not  willingly  pro- 
duce to  him  such  writing,  plan,  or  document,  such  Provincial 
Land  Surveyor  may  apply  to  any  Justice  of  the  Peace  for  an 
ordinary  subpoena  as  witness,   or  a  subpoena  duces  tecum,  as 
the    case    may    require,    accompanying    such   application    by   an 
affidavit  or  solemn  declaration  to  be  made  before  such  Justice 
oi  the  Peace  of  the  facts  on  which  the  application  is   found- 
ed; and  such  Justice  may  issue  a  subpoena  accordingly,  com- 
manding  such    person   to   appear    before   the    Provincial    Land 
Surveyor  at  a  time  and  place  to  be  mentioned  in  the  subpoena 
and  (if  the  case  require  it)  to  bring  with  him  any  writing,  plan, 
or  document,   mentioned  or  referred  to   therein. 

HOW  TO  BE  SERVED,  (i.)  Such  subpoena  shall  be 
tierved  on  the  person  named  therein  by  delivering  a  copy  there- 
of to  him.  or  by  leaving  the  same  for  him  with  some  grown 
person  of  his  family  at  his  residence,  exhibiting  to  him  or  snch 
^own  person  the  original. 


CROWN  LANDS. 


331 


CONSEQUENCE  OF  DISOBEYING,  (a.)  If  the  person 
commanded  to  appear  by  such  subpoena,  after  being  paid  his 
reasonable  expenses,  or  having  the  same  tendered  to  him,  re> 
fuses  or  neglects  to  appear  before  the  Surveyor  at  the  place 
and  time  appointed  in  the  subpoena,  or  to  produce  the  writing, 
plan  or  document  (if  any)  therein  mentioned  or  referred  to, 
or  to  give  such  evidence  and  information  as  he  may  possess 
touching  the  boundary  or  limit  in  question,  a  warrant  by  the 
Justice  for  the  arrest  of  such  person  may  be  issued,  and  he  may 
be  punished  accordingly  by  fine  not  exceeding  one  hundred 
dollars,  or  imprisonment  not  exceeding  ninety  days,  or  both, 
in  the  discretion  of  such  Justice.    1886,  c.  ao,  s.  10. 

EVIDENCE  TAKEN  BY  THE  SURVEYOR  TO  BE  RE- 
DUCED  TO  WRITING  AND  SIGNED.  Sec.  10.  All  evi- 
dence  taken  by  a  Provincial  Land  Surveyor  as  aforesaid  shall 
be  reduced  to  writing,  and  shall  be  read  over  to  the  person 
giving  the  same,  and  be  signed  by  such  person;  or  if  he  cannot 
write,  he  shall  acknowledge  the  same  as  correct  before  two  wit> 
nesses  who  shall  sign  the  same,  as  also  the  Provincial  Land 
Surveyor,  and  such  evidence  shall,  and  any  document  or  plan 
prepared  and  sworn  to  as  correct  before  a  Justice  of  the  Peace 
by  any  Provincial  Land  Surveyor  with  reference  to  any  survey 
by  him  performed,  be  annexed  to  the  field-notes  of  such  sur- 
vey, and  be  deposited  in  the  office  of  the  Chief  Commissioner 
of  Lands  and  Works  or  Surveyor-General.    1886,   c.   20,   s.    11. 


PROTECnON  TO  SURVEYORS. 

WHEN  LAND  SURVEYORS  MAY  PASS  OVER  PRI- 
VATE LANDS.  Sec.  11.  Any  Provincial  Land  Surveyor 
when  engaged  in  the  performance  of  his  duties  as  such,  may 
pass  over,  measure  along,  and  ascertain  the  bearings  of  any 
township,  range,  or  section  line,  or  other  Government  line, 
and  for  such  purposes  may  pass  over  the  lands  of  any  person 
i  whatsoever,  doing  no  actul  damage  to  the  property  of  such 
[wrson.    1886.  c.  ao,  s.   la. 

PENALTY   FOR    OBSTRUCTING   LAND    SURVEYORS 
I  IN  THE   EXECUTION   OF   SURVEYS.    Sec.     la.    If    any 
person   or   persons,    in    any   part   of   this    Province,    interrupts. 


M 


io* 


BRITISH  COLUMBIA. 


molests  or  hinders  any  Land  Surveyor,  while  in  the  discharge 
of  his  duty  as  a  Surveyor,  such  person  or  persons  shall,  upon 
conviction  thereof  before  any  Justice  of  the  Peace,  be  punished 
either  by  fine  or  imprisonment,  or  both,  in  the  discretion  of 
such  Court,  such  imprisonment  being  for  a  period  not  exceed- 
ing one  month,  and  such  fine  not  exceeding  twenty  dollars, 
without  prejudice  to  any  civil  remedy  which  such  Surveyor 
or  any  other  party  may  have  against  such  offender  or  offend- 
ers in  damages  by  reason  of  such  offence.  1886,  c.  ao,  s.  i3> 
1887;  c.  28,  s.  2. 


1897.— CHAPTER  21.— 60  VICTORIA. 

AN  ACT  FOR  THE  REMOVAL  FROM   CROWN  LANDS 

OF  PERSONS  UNLAWFULLY  THEREON. 

Her  Majesty,  by  and  with  the  advice  and  consent  of  the 
Legislative  Assembly  of  the  Province  of  British  Columbia,  en- 
acts as  follows: 

SHORT  TITLE.  Sec.  i.  This  Act  may  be  cited  as  the 
"Crown  Lands  Trespassers'  Act,  1897." 

SUMMARY  APPLICATION  BY  C.  C.   OF  L.  &  W.  TO 
REMOVE  TRESPASSERS   ON   CROWN     LANDS.    Sec.    2. 
When  any  person  is  wrongfully  or  without  lawful  authority  in 
possession  of  any  public  land  and  refuses  to  vacate  or  aban- 
don possession  of  the  same,  the  Chief  Commissioner  of  Land.* 
and  Works,  or  any  officer  or  agent  of  the  Department  of  Lands 
and    Works    authorized    by    the    Chief    Commissioner    for   that 
purpose,  may,  upon  affidavit  of  the  facts,  apply  to  the  County 
Judge  of    the    County,  or  any  Stipendiary   Magistrate   of    the 
District,    in   which   the    land    lies,    for   a   summons   directed  to 
such  person  calling  upon  him  forthwith   to  vacate  or  abandon 
possession  of    the    said    land,  or  within    ten  days  after  sen- 
ice  of  said  summons  to  show  cause  why  an  order  for  his  re- 
moval should  not  be  made,  and  if  upon  return  of  the  summons 
it  shall  appear  that  he  has  not  vacated  or  abandoned  posses- 
sion, or  he  shall  not  show    good  cause  to  the    contrary,    the 
Judge  or  Stipendiary  Magistrate  shall  make  an  order  for  the 
summary  removal  of  such  person  from  such  land  and  such  or- 
der shall  be  executed  by  the  Sheriff,   or  any  Bailiff,   or  Con- 
stable, or  other  person  to  whom  it  shall  be  delivered. 


PI 

5.  A] 
orden 
ieit  in 

under 
thereol 
two  01 
'ess  th 
costs. 
Prisoni 
but  in 
costs  aj 
return 
"nposec 
convjctil 
'ess  thai 
*^osts,  ai 


to 


'nipril 


and  he 
finue  in 

INTI 

^  W'arranI 
^^  HabJe 
«''th  or 

'''  in  thj 


CROWN  LANDS. 


33i 


W.  TO 

Sec.     2- 

lority  in 
jr  aban- 
,{  Land? 
ii  Lands 
for   that 
County 
of    tbe 
ected  to 
abandon 
Iter  serv- 
er bis  re- 
I  summons 
id  posses- 

,-ary.   *V 

|r  for  the 
such  or- 
or  Con- 


SERVICE  OF  SUMMONS,  &c.  Sec.  j-  It  shall  be  suf. 
iicient  service  of  the  summons  if  a  copy  thereof  be  left  with 
any  grown  up  person  found  on  the  land  and  another  copy  be 
put  up  in  some  conspicuous  place  thereon,  and  where  no  grown 
up  person  is  found  on  the  land,  if  a  copy  be  put  in  each  of 
two  such  conspicuous  places. 

REMOVAL  OF  TRESPASSER  BY  OFFICER.  Sec.  4- 
The  officer  to  whom  any  warrant  is  addressed  under  the  pro* 
viiiions  of  this  Act  shall  forthwith  remove  the  person  named 
therein  from  Crown  lands,  and  in  the  execution  of  the  warrant, 
shall  have  all  the  powers,  rights,  immunities  and  privileges 
enjoyed  by  a  sheriff  or  Constable  or  other  peace  officer  in  the 
execution  of  his  duty. 

PENALTY  FOR  REMAINING  OR  RETURNING.  Sec. 
5.  Any  person  remaining  upon  Crown  lands  after  having  been 
ordered  to  leave  the  same,  or  returning  thereto  after  having 
left  in  obedience  to  a  summons,  or  after  having  been  removed 
under  warrant  as  aforesaid,  shall,  upon  summary  conviction 
thereof  before  a  Stipendiary  or  Police  Magistrate,  or  before  any 
two  or  more  Justices  of  the  Peace,  be  liable  to  a  fine  of  not 
less  than  twenty  dollars  or  more  than  one  hundred  dollars  and 
costs,  and  in  default  of  payment  of  such  fine  and  costs,  to  im- 
prisonment for  a  term  not  exceeding  three  calendar  months, 
but  in  case  such  person  so  convicted  shall  pay  such  fine  and 
costs  and  continue  in  possession  of  such  Crown  lands,  or  shall 
return  thereto  after  having  served  any  term  of  imprisonment 
imposed  in  default  of  payment  thereof,  he  shall  upon  summary 
conviction  thereof  as  aforesaid  be  liable  to  a  further  fine  of  not 
less  than  twenty  dollars  or  more  than  one  hundred  dollars  and 
costs,  and  in  default  of  payment  of  such  further  fine  anr'  3«"ts, 
to  imprisonment  for  a  term  not  exceeding  six  calendar  months, 
and  he  shall  be  similarly  dealt  with  so  long  as  he  shall  con- 
tinue in  possession  after  payment  of  any  fine  as  aforesaid. 

INTERFERING  WITH  OFFICER.  Sec.  6.  Any  person 
resisting,  obstructing  or  interfering  with  an  officer  executing 
a  warrant  or  serving  a  summons  issued  under  this  Act,  shall 
be  liable  to  the  same  penalties  as  a  person  resisting,  interfering 
with  or  obstructing  a  Sheriff  or  Constable  or  other  peace  offi- 
cer in  the  execution  of  his   duty. 


li  •;: 


' 


i-i' 


ii 


if; 
I' 


J3t 


BRITISH  COLUMBIA. 


ASSISTANCE  TO  OFFICER.  Sec.  7.  The  officer  exe- 
cuting  a  warrant  or  serving  a  summons  issued  under  this  Act 
may  take  with  him  all  necessary  assistance,  and  shall  have  the 
right  to  demand  such  assistance  in  the  same  manner  as  a 
Constable  or  other  peace  officer  in  the  execution  of  his  duty 
may  lawfully  do. 


PART  VII, 


BRITISH  COLUMBIA. 

•-ANOS  W.THrN  KORTV  M,.E  R^rLWAV  BELT 

BELONGING  TO  THE  DOM,NZON 
OF  CANAD  \. 


PART    7. 


BRITISH  COLUMBIA. 


DOMINION  LANDS  FORTY  MILE  RAILWAY  BELT. 

The  ptr.blic  lands  belonging  to  the  Dominion  o!  Canada 
within  the  Forty  Mile  Railway  Belt  in  the  Province  o£  Briti.>h 
Columbia  were  ceded  to  the  Dominion  by  the  Province  as  a 
donation  toward  the  construction  of  the  Canadian  Pacific 
Railway. 

The  Dominion  land  law  governing  said  Forty  Mile  Railway 
Belt  is  as  fellows: 


111 


if 

if 


DOMINION  LANDS  WITHIN  THE  FORTY  MILE  RAIL- 
WAY BELT  IN  THE  PROVINCE  OF  BRITISH 

AMERICA. 

REGULATIONS. 

For  the  survey,  administration,  disposal  and  management  of 
Dominion  Lands  within  the  Forty  ilile  Railway  Belt,  in  the 
Province  of  British  Columbia,  approved  by  His  Excellency 
the  Governor-General  in  Council,  on  the  17th  September, 
1889,  in  force  from  and  after  13th  March,  1890.  With  addi- 
tions and  amendments  provided  by  Ordem  in  Council  dated, 
respectively,  the  13th  November,  1890,  the  12th  December 
1891,  the  2ist  March,  1892,  and  the  loth  November,  1893,  and 
nth  July,  1895. 

INTERPRETATION. 

Section  I.  Tlic?e  regulations  shall  apply  exclusively  to  the 
public  lands  of  the  Dominion,  within  wh}.t  is  known  as  the 
Railway  Belt,  in  the  Province  of  British  Columbia,  which  lands 
shall  be  styled  and  known  as  Dominion  Lands;  and  the  follow- 
ing terms  and  expressions  therein  shall  be  held  to  have  the 
meaning  hereinaftci  assigned  them,  unless  such  meaning  be 
repugnant  to  the  subject  or  inconsistent  with  the  context,  that 
is  to  say: 

(a.)  The  term  Minister  of  the  Interior  means  the  Min- 
ister of  the  Interior  of  Canada. 

(6.)    The    term    Surveyor-General    means    the    officer    of   the 

(336) 


DOMINION  LANDS. 


C"  employed  Y"/*™'  °'  Officer  „«'„";  "™   ■"""«• 

'>"•''     ine  term  Domininn    r      j  «    "*^"  affent. 
duly  authorized   „«^        ,  ^"^^  Surveyor  m-, 

^^'^mion  lands.  ""^  °^*=«'  ^n  respect  to  the  til k        ^' 

(^•)    The  term  C       ^    '  ^^  °" 

DEPARTMENT  OP  ttit.  , 

««  of  Ca«da,  '.'n.tM. ""..:'  ^^'"  =«  of  tb.  Revised  S.  , 

«te„ded "o^h"  ■;„K?''f  '""  °f  'he  offi;era  th,  '7"'"  °'  ">e 
(6  >    Tk  ""'•'"=  '""Is  of  Can= J.  ■     „  '""-eof  are  herebv 

54  of  the  R-  •    ?'  ^^'  S-*'  55,  s6,  cy    ^o    ,o    "*  sub-section  there- 

r  u:;L''^o;:^^f:^r^°'  ^»Sda'^^■mi.Se'.'"■'  .^^h'  "n"^-'" 

«""»'■  CCu^bia.      °"  =""""  '°  ""  public  latds  of  Can^da^t' 
I     5«-  3    The  n      •        ^URVKYS. 

'-'•-nc^,r;tr,er:t'r"  --  -"- 

aa  '°'  road  purposes. 


338 


BRITISH  COLUMBIA. 


The  sections  shall  be  bounded  and  numbered  as  shown  by 
the  following  diagram: 

N. 


W. 


31 

32 

33 

34 

35 

.■'f' 

30 

29 

28 

27 

26 

25 

19 

20 

21 

22 

23 

24 

18 

17 

16 

IS 

14 

13 

7 

8 

9 

10 

II 

12 

6 

5 

4 

3 

2 

I 

e. 


s 

Sec.  4.  The  lines  bounding  sections  on  the  east  and  west 
sides  shall  be  meridians ;  and  those  on  the  north  and  south 
sides  shall  be  chords  to  parallels  of  latitude. 

Sec.  5.  Each  section  shall  be  divided  into  quarter-sectioni  I 
of  one  hundred  and  sixty  acres,  more  or  less,  together  with  aoj 
allowance  for  roads  of  three  acres  in  each,  subject  to  the  pro-] 
visions  hereinafter  made. 

Sec.  6.  In  the  survey  of  a  township,  the  deficiency  or  surj 
plus  resulting  from  convergence  of  meridians  slnall  be  dividedj 
equally  between  all  the  quarter-sections  involved,  and  the  nortbl 
and  south  error  in  closing  on  the  correction  lines  from  th^ 
north  or  south  shall  be  allowed  in  the  ranges  of  quarter-section 
adjoining,  and  north  or  south  respectively  of  the  said  cor 
tion  lines;  excepting  in  the  case  of  the  north  and  south  do 
ings  in  those  townships  between  the  first  correction  line 
the  International  Boundary  or  first  base  line,  which  error  i$ 


^OMimON  LANDS. 


be  left  in  the  last  quartet  sec.-  *  ^ 

l,ne.  «uarte,.sect.on  adjoining  the  said  first  ha 

Sec.   7.    Th-  A-  ^'  "*s« 

tions  shall  ,«     ,V'"»«nsions  and  areas  nf   • 
actual  measuremi  T"'  '*  rctuZ7\:\^'''''''  Quarter-sec 
Sec.  8.    tTS  »»1  content..       ''''  '^'  *«'-«>'or  at   their 

than  a  quarter-«»en*{  *  de«cription  for  Iet*.,o 

divided  LTnJT^'''   ^^'^  auction  shaU  b?      ''***"'  °^  '«» 

acres,  and  su^h  T^'r^r^'^^''^^"^'  oftXlnTT''^  ^°  ^* 
shown  in  thT{oSn'^^'^'«'^^-s^ctions  shil  kJ  ''^'^^^luarters 
such  subdivTsLf  7'"*^  **'*^»«.  which  is  ;„^  numbered  a» 
divisions:::"""^  °^  *  «cc«on.  which  stll^e^vU^^  *«   «ho. 

!»tyied  legal  sub- 


,    The  area  of  anv  !«..  i       ,     S. 

'»  l«'ers  paten 'Xh!?]  r"*""'""'  «  «bov.  „,  ,      , 

^«  Shan    h.     '"P™™'  of  th.  survey  of  =       Jf"  "gutations: 
CobmWa    bv  r"i'/   '"  '"«    I-ie«X^.  Go"""'"  '"«''"»^  "-e 

«yof  thet-d'p"*  ■"""'=  «8hw<."  Shan  h        "''  "'"'"  »' 
*•  Crown  fof,hf7»«.  "«  legal  iittX^TT  "^  ■"<""• 
H  »•■="  b.  clos^'':^'"^  ""  •"  ""  Prow    w  ""'"»  '» 

h»««  of  the  r„^''  "  ""''  <>■•  otherwi^  aiiltl'  "  ""»'  P»«  of 

*•'  The  Govt;r  •;;-'?""^. « c:^£"  ""■  *'««"«  «>« 


340 


BRITISH   COLUMBIA. 


locate  and  build  public  highways,  or  to  build  public  highways 
located  in  accordance  with  the  provisions  of  this  section  (9)  of 
these  regulations: 

(c.)  In  the  meantime,  and  until  any  such  road  shall  have 
been  located  and  constructed,  a  convenient  right  of  way  not 
exceeding  sixty-six  feet  in  width  over  any  such  land  is  hereby 
reserved  for  the  use  and  convenience  of  settlers  and  land- 
holders in  passing,  from  time  to  time,  to  and  from  their  loca- 
tions or  lands,  to  and  from  any  now  existing  road  or  trail: 
Provided  always,  that  such  settler  or  land-owner  making  use 
of  the  aforesaid  privilege  shall  not  damage  the  fences  or  crops 
of  the  occupier  of  any  such  located,  sold,  or  leased  land: 

(d.)    Every  patent  issued  for  lands  subject  to  these  regula- 
tions   shall    contain    a   provision   reserving   to   the    Governor  in 
Council  the  power  to  order  the  survey  through  such  lands  by  a 
Dominion   Land  Surveyor  of  such  public  highways  as  he  may 
deem     expedient,    and   for   that     purpose    to    take   any    existing 
road,   and  any  requisite  area  of  land,   whether  the  area  of  the 
roads  and  lands  so  taken  be  or  be  not  in  excess  of  the  allow- 
ance for  roads  in  any  section,  quarter-section  or  legal  subdivi- 
sion:   also   to   enter  upon   such   lands   and   take   therefrom  any 
gravel,   stone,   timber,   or  other   material   required   for  the  con- 
struction of  such  highway,  or  any  bridge  connected  therewith; 
and  also  to  enter  upon  any  such  land  for  the  purpose  of  cut- 
ting  any   drains    necessary   for   the    building   of   such    highway. 


thi 

por 
ter 
narj 
and 

the  1 


Sec 

mhdr 

^and,  a 

so  hid 

Price  as 

Price  be 

The  ( 

^ominio 
"larket   | 

^or  other 
oMettersI 
^'on,  as  h 

''''  Purpoj 


and 
kttt 


uses  t 


ORDINARY  SALE  OF  LANDS. 

Sec.    10.    Dominion   lands,    as    the    surveys   thereof   are  duljj 
made  and  confirmed,  shall,   except  as  otherwise  hereinafter  pn 
vided,  be  open  for  homesteading  and   purchase  at   such  prio 
and  on  such  terms  and  conditions  as  may  be  fixed  from  tim 
to  time  by  the  Governor  in  Council:  Provided,  that  no  purcha 
shall   be  permitted  at  a  less  price  than  five   dollars  per  a 
Provided   also,    that,    except   in   special    cases   where   othe: 
ordered  by  the    Governor  in   Council,   no  sale  to  one    pen 
shall  exceed  a  section,  or  six  hundred  and  forty  acres: 

(a.)    And  provided  also,  that,  whenever  so   ordered  by 
Minister,  such  unoccupied  lands  as  may  be  deemed  by  him 
pedient,   from  time  to  time,   may  be  withdrawn  from   ordini 
sale  and   settlement,   and   sold  at   public  auction   or  tender 


ters  patj 
Iff,      *"•    '^* 

jflundred 
ramJc 


an 


'Oops 


*''"?  the  Is 
^!"^  north  01 
^'  ^^h  meri! 


family^ 
"'^  ^eit  as 


DOMINION  LANDS 
'he  high.,,   biddcr-a„   „  34. 

(b.)    Provided     ur'her 'th'   ""«   '"'•'<'  ««d   for  ,h. 
portion  of  Dorainf™  ■     ^'     ""   ""y  legal   ,.,h^  ■■      "'   *»">«: 
'"  of  the  Tntf.'""  '"»<'»  which  mav  K,  /"'"'"'■'■on   or  other 

"-d  condition,  V^rt,"  "<:'  ■■"  '"'='■  ■»^n„.r  ;"!"«'  '"m  ordi- 

--w\ol\-:r?^-t  sha„  h 

^^nd.  and  to  Jay  th!         ^°™^«t««d  entry  anv    "  '   P"^^''  '<> 

P^'c^e  as  he  may  see  fit      "''^''  ^^  P^^ate    Ille^'J^;  '^'  ^^'^ 

-t7.ar -aS  '"""■^-"--^t;ir  r--^-  -ch 

'"■>-.ng-grou„l  thoor",;'""'"^'   "'«"   "     Dubr"'   '""   "^ 
'»r  other  like  ouhh-r       '   """"olent  i„stit,°     '^''^    worship, 

»'  l«'e«  palS"  ft/?'-P«".  and  at  a^y  «'!"'' /""""•   and 

"<»>>  as  he  deem.       ""  "^y  alter  or  L  u     ^'°"  ""■  "sue 

,  ^'^  P"^Pose'Xs"S'lrtl.^    and  helr^atr"  '■"'"■'""! 

M<i  uses  to  which  A  "'*  'ands  so  ann!!,     •        '  Slants  for 

"t.  -^n     "' '° "  -^"--re^ttf  iiT 
f-vc'^i  Sv--- 'Sr-r.  '^  •»  -  of 

["'  March,   ,&K    if  "/^'   «   provided   by   OrH  '"'"''  "n  the 

h/  '"e  Mnds  l„"fti°^«,"o™  and  after  tht""  r*""""'"  »' 
H  »»■•"'  of  the  «„'  h,^"""'^>'  Belt  in  Bri,  sh  r  1  •^"°''  '«!»' 
r  "h  meridian  of  tu-  1^  ""  Townships  '  '  L    °.       ""''•  "'"- 

I  "'  ''°!:!::::^d=^.l'e^"1.f"srey""  °^ 

,'T  '^-    Any  p.f,r^'?^°««5HTS. 

,^"  -  S;X  ha's'-ated''-  ■•»  ^  -  ^«d 


11 


•I 


1^1 


iii 


'«i: 


Is 


I 


!■! 


I 


J^ 


BRITISH   COLUMBIA. 


years,  who  has  not  heretofore  had  a  homestead  on  Dominion 
lands  in  British  Columbia,  Manitoba  or  the  Northwest  Terri- 
tories, or  does  not  hold  or  own  by  pre-emption  record  or  other- 
wise, under  the  laws  of  the  Province  of  British  Columbia,  more 
than  one  hundred  and  sixty  acres  of  land  within  the  railway 
belt  in  the  said  Province,  shall,  on  making  application  in  the 
form  A  in  the  schedule  to  these  regulations,  be  entitled  to  ob- 
tain homestead  entry  for  any  quantity  of  land  not  exceeding 
one-Quarter  section,  and  being  of  the  class  of  land  open  under 
the  provisions  of  these  regulations  to  homestead  entry. 

(a.)  The  entry  for  a  homestead  shall  entitle  the  recipient 
to  take,  occupy  and  cultivate  the  land  entered  for,  and  hold 
possession  of  the  same  to  the  exclusion  of  any  other  person  or 
persons  whomsoever,  and  to  bring  and  maintain  actions  for 
trespass  committed  on  the  said  land,  the  same  as  if  a  patent 
therefor  had  issued  in  his  favor;  the  title  to  the  land  shall 
remain  in  the  Crown  until  the  issue  of  the  patent  therefor,  and 
the  said  land  shall  not  be  liable  to  be  taken  in  execution  be- 
fore the  issue  of  the  patent. 

(b.)  The  privilege  of  homestead  entry  shall  only  apply  to 
surveyed  agricultural  lands;  no  person  shall  be  entitled  to 
such  entry  for  land  valuable  for  its  timber,  or  for  hay  land,  or 
for  land  on  which  there  is  a  stone  or  marble  quarry,  or  coal  or 
other  mineral  having  commercial  value,  or  whereon  there  is 
any  water  power  "which  may  serve  to  drive  machinery,  or  for 
land  which,  by  reason  of  its  position,  such  as  being  the  shore 
of  an  important  harbor,  bridge  site  or  canal  site,  or  being  either 
an  actual  or  prospective  railway  terminus  or  station,  it  will  be 
in  the  public  interest  to  withhold  from  such  entry. 


HOMESTEAD       ENTRIES     AND     SALES 

TIMBERED   LANDS. 


AFFECTING  j 


Sec.  14.  All  merchantable  timber  growing  or  being  upon! 
any  land  entered  or  sold  within  the  limits  of  Dominion  lands! 
in  British  Columbia,  and  all  gold,  silver,  copper,  lead,  itoM 
petroleum,  coal  or  other  mines  or  minerals,  shall  be  consid-f 
-ered  as  reserved  from  the  said  land,  and  shall  be  the  proper 


"^ater- 


Ways 
80  unnecel 
'^afer-wavsl 
on  anv  laj 
of    Her   Majesty;     except   that    the    homesteader   or    purchaser™ to,  ^^^ 

or  those  claiming  under  him,  may  cut  and  use  such  merchantfl  that  niav 
able   timber  as   may  be  necessary   for  the   purpose  of  building^ necessary  ti 


DOMINION  LANDS. 


fencing  ©r  road-maHn*  .  *»5 

chantable  timber  (exc  J  I      ?**  '°^  <=«ltivation ;    but  „o   J 

<>«  the  „,^;  d„l,    'r""  °''  »•■«"  l«  subjec"  ,',.*'  ""«•' 
oaiiic  aues  as  are  at  fh-  *:_         """;«?«  to  the  payment 

I'censes  to  cut  timber.  *^*  *''"*^  P^^^ble  by  the  hoMerTo 

-   afores-aid,    shr^om^^;  a'";""^''  l^^-^er  entered  or  sold 
timber  growing  or  being  on  'he  s^'^f  ^°"    "^  *"    merchantab  e 
timber  shall  continue  to  be  the  Z     ^*°^''  ^^'<^^  merchamab L 
any  person  or  persons  now  or  h/?''*^  °'  »«»•  Majesty    and 
timber  on  ««^i,   i      .  ^"^  hereafter  holHin»  »  i-    "'^'^^y*  and 

,    ,P  ^"ch  land  may.  at  all  ♦:         "o^amg  a  license  to  cut 
of  such  license    i.nf«.  "  t^'wes  durinc-  th^  ^     .- 

^^ores^idf  shall   bT:n,  'i^'"^'  "-.^nrt^^^^^^^^ 

-f  le  byl^Vdrr/it*'^  --"-nstTafthi  :?^'" 

^^^-    16.    Holders    of   timh     '"f-  '°  ""*  *'™ber.  '*'"  '""* 

»«fents  shall   have  tL-  u*"""     "^^nses.     their     ,.«      . 
«'wred    nnrf,-«        ,     *  "^^^^   *«>  haul   the/r  ♦•    [      ^^"^ants     and 

'^u    portion    of  anv    io«j  "^'^  timber  ov*»i.  fu- 

chased  as   hi»r-;«i,  r     ^   ^"*^   entered   as   a   ».«       :         *"®  "*»• 

>ater-ways  tl^r     ^^°'^   P'^^'^^d.   and   to    ml      '**^*^   °^  P«»- 

:» 4t :::«:. f',r:r  -<''«''«  -.tx  tr- 


fn 


344 


BRITISH  COLUMBIA. 


Sec.  17.  All  merchantable  timber  growing  or  being  upon 
any  land  hereafter  entered  as  a  homestead  or  sold  under  these 
regulations  shall  be  subject  to  any  timber  license  in  force  at 
the  time  of  such  entry  or  sale,  and  may,  at  any  time  during 
the  currency  of  any  such  license,  or  of  any  license  which  may 
be  subsequently  issued,  be  cut  and  removed  under  the  author- 
ity thereof. 

Sec.  18.  Whenever  the  survey  of  any  township  has  been 
finally  confirmed  and  such  township  opened  for  homestead 
entry,  any  person  who  has  bona  fide  settled  and  made  improve- 
ments before  such  confirmed  survey  on  land  in  such  township, 
shall  have  a  prior  right  to  obtain  homestead  entry  for  the  land 
so  settled  on,  provided  such  right  be  exercised  within  three 
months  after  the  land  is  opened  for  settlement;  and  provided 
that  such  land  has  not  been  reserved  or  the  right  to  home> 
stead  entry  is  not  excepted  under  the  provisions  of  these 
regulations;  no  homestead  entry  shall  be  granted  to  any  per- 
son in  respect  of  such  land  until  three  months  after  notice  in 
writing  shall  have  been  given  by  the  local  agent  to  such  bona 
fide    settler   that    such    land    is    open    for    settlement. 

Sec.  19.  Every  person  applying  for  homestead  entry  shall 
appear  and  make  affidavit  before  the  local  agent  or,  in  his 
absence,  the  senior  clerk  performing  his  duties,  according  to 
the  form  B,  C,  or  D,  in  the  Schedule  to  these  regulations, 
as  the  circumstances  require;  and  upon  filing  such  affidavit 
with  the  said  local  agent  or  senior  clerk,  and  on  payment  to 
him  of  an  office  fee  of  ten  dollars,  such  person  shall  receive 
a  receipt  from  the  said  local  agent  or  senior  clerk  according 
to  the  Form  J  in  the  Schedule  to  these  regulations;  and  such 
receipt  shall  be  a  certificate  of  entry,  and  shall  be  authority 
to  the  person  obtaining  it  to  take  possession  of  the  land  de- 
scribed in   it. 

(a.)  The  Minister  of  the  Interior  or  the  Dominion  Lands 
Board,  upon  requisition  may  authorize  any  person  named 
therem  to  make  a  homestead  entry  on  behalf  of  any  person 
signing  such  requisition  and  desiring  to  obtain  such   entry. 

(b.)  The  person  so  authorized  shall,  in  order  to  obtaifl 
such  entry,  make  application  in  the  Form  E  in  the  Schedule 
to  these  regulations,  on  behalf  of  each  of  those  whom  he  repr^ 
sents,  and  shall  make  an  affidavit  before  the  local  agent,  or, 
in   his  absence,   the  senior  clerk  performing  his  duties,  accord- 


ing 

as 

for 

fore 

so  p 

(c 

homt 

but  t 

and  ( 

(d. 

must, 

try.   a 

and  hi 

after  I 

sions   ( 

entry  I 

tcred  f( 

be  upoi 

^or  whf( 

Sec.   : 

the  righi 

or  senior 

0^  the   I 

•■^spectini 

e^'idence  [ 

0'  DomiJ 
thi  Govel 
""ch  displ 
(a.)    j>f 
"Pon  and! 
^''e  one  J 
,"Pon  and] 
«o«<?ht  shJ 
r!'^«  open] 

r  *^^  m 

public  inte 
(b.)    pj 

r  '^'  rnte] 
T'^ad  entry! 


DOMINION  LANDS. 


345 


>ti 

«e 

at 

ng 

lay 

lor- 

>eeiv 
tcad 
■ove- 
sbipt 

land 
three 
vided 
tiotne- 

these 

y  per- 
tice  in 
X  bona 

shall 
hi» 


Lands 
named 
person 

jntry. 

obtain 
[schedule 

Ihe  repre- 
]gent,  0*' 
accord- 


ing to  Form  F,  G,  or  H,  in  the  Schedule  to  these  regulations, 
as  the  circumstances  of  the  case  may  require,  and  shall  pay 
for  each  homestead  entry  the  office  fee  of  ten  dollars  hereinbe- 
fore prescribed  for  such  entry,  and  shall  receive  for  each  fee 
so  paid  a  receipt  in  the  Form  J  in  the  Schedule  hereto. 

(c.)  Persons  occupying  land  owned  by  them  may  obtain 
homestead  entry  for  any  contiguous  land  open  to  the  same; 
but  the  whole  extent  of  land,  including  that  previously  owned 
and  occupied,  must  not  exceed  one  quarter-section. 

(d.)  A  person  applying  for  such  entry  for  contiguous  land 
must,  when  making  the  affidavit  prescribed  for  homestead  en- 
try, also  describe  therein  the  tract  he  owns  and  lives  upon; 
and  his  residence  upon  and  cultivation  of  the  whole  shall  there- 
after be  of  the  kind  and  for  the  term  required  by  the  provi- 
sions of  these  regulations  in  the  case  of  ordinary  homestead 
entry  before  he  shall  be  entitled  to  patent  for  the  part  so  en- 
tered for:  Provided,  that  such  residence  and  cultivation  may 
be  upon  either  the  land  originally  occupied  by  him  or  that 
for  which   homestead    entry   has    been    obtained,    or   both. 

Sec.  20.  In  case  a  dispute  arises  between  persons  claiminsr 
the  right  to  homestead  entry  for  the  same  land  the  local  agent 
or  senior  clerk,  or  any  person  thereto  authorized  by  the  Minister 
of  the  Interior,  shall  make  investigation  and  obtain  evidence 
respecting  the  facts,  and  this  report  thereon,  together  with  the 
evidence  taken,  shall  be  referred  to  the  Minister  of  the  Interior 
for  decision,  or  to  the  Dominion  I^ands  Board,  Commissioner 
of  Dominion  Lands,  or  such  person  as  may  be  appointed  by 
the  Governor  in  Council  to  consider  and  decide  in  cases  of 
such  disputes. 

(a.)  Provided  that  when  two  or  more  persons  have  settled 
upon  and  seek  to  obtain  homestead  entry  for  the  same  land, 
the  one  who  settled  first  thereon  and  has  continued  to  reside 
upon  and  cultivate  the  land  for  which  homestead  entry  is 
sought  shall  be  entitled  to  such  entry  if  the  land  be  of  the 
I  class  open  to  homestead  entry,  and  if  it  be  not,  in  the  opinion 
of  the  Minister  of  the  Interior,  otherwise  inexpedient  in  the 
[public  interest  to   entertain   any  application   therefor. 

(b.)  Provided,  further,  that  where  contending  parties  have 
Nluable  improvements  on  the  lands  in  dispute  the  Minister 
|of  the  Interior,  if  the  application  to  acquire  the  land  by  home- 
plead  entry  is  entertained  by  him,  may  order  a  division  thereof 


I-.     ;l 


;i> 


IT 


346 


BRITISH  COLUMBIA. 


in  such  a  manner  as  shall  preserve  to  each  of  them,  as  far  as 
practicable,  his  improvements;  and  the  Minister  may,  at  his 
discretion,  direct  that  what  the  land  so  allotted  to  each  of 
them  may  be  deficient  of  a  quarter*8ection  shall  be  made  up 
-from  unoccupied  land  adjoining,  if  there  be  any  such  of  the 
class  open  to  homestead  entry. 

Sec.  21.  Any  person  who  has  obtained  a  homestead  entry 
shall  be  allowed  a  period  of  six  months  from  its  date  within 
which  to  perfect  the  entry,  by  taking  in  his  own  person  pos- 
session of  the  land  and  beginning  continuous  residence  there- 
on and  cultivation  thereof;  and  if  the  entry  be  not  perfected 
within  that  period  it  shall  be  void,  and  the  land  shall  be  open 
to  entry  by  another  person,  or  to  other  disposition  under  these 
regulations  by  the  Minister  of  the   Interior. 

Provided  further,  that  in  the  case  of  immigrants  from  else- 
where than  the  North  American  Continent,  the  Governor  in 
Council  may  extend  the  time  for  the  perfecting  of  entry  to 
twelve  months   from   the   date   thereof. 

Sec.  22.  (a.)  At  the  expiration  of  three  years  from  the 
date  of  his  perfecting  his  homestead  entry,  the  settler,  or  in 
•case  of  his  death,  his  legal  representatives,  upon  proving  to 
the  satisfaction  of  the  local  agent  that  he,  or  they,  or  some  of 
them,  have  resided  upon  and  cultivated  the  land  during  the 
said  term  of  three  years,  shall  be  entitled  to  a  patent  for  the 
land;  provided  such  proof  is  accepted  by  the  Commissioner 
of  Dominion  Lands,  or  in  his  absence  by  a  member  of  the 
Land  Board,  and  on  payment  of  one  dollar  per  acre  for  the 
land;  provided  also,  that  the  patent  therefor  shall  not  issue 
to  any  person  not  then  a  subject  of  Her  Majesty  by  birth 
or  naturalization. 

(b.)  Provided,  that  in  case  of  a  settler  who  may  have  ob- 
tained homestead  entry  for  land  occupied  by  him  previous  to 
survey  thereof,  in  manner  hereinbefore  mentioned,  residence 
upon  and  cultivation  of  .the  land  for  three  years  next  preced- 
ing the  application  for  patent  shall,  for  the  purpose  of  tbt 
issue  of  patent,  be  held  to  he  equivalent  to  that  prescribed  in 
the  foregoing  sub-clause  of  this  section,  if  such  residence  and 
cultivation  be  otherwise  in  conformity  with  the  provisions  of 
these  regulations. 

Sec.    23-    Any   person    proving   that   he  has   resided  on  the 
land  for  which  he  has  homestead  entry  for  twelve  months  from 


ent 
for 
fact: 
inioj 

(a 

the  ( 
date 
(b. 
stead 
acres 
by  his 
in?  an 
'or  the 
Co.) 
acres, 
'"n  addf] 

lieu  of 
*<^n  acrj 
three  ac 
''ve  acrj 
fenced. 

(d.)  , 
s^ead  bej 
stead  enl 
'^ated  tht 

P''cation 

(e.) 
<^ate  0/  . 

^^^'dencel 

P^ra^raphl 

(f.)    pjf 

!'"«  secticj 
'^  shajj  be 
foborated 


DOMINION  LANDS. 


347 


as 

his 
of 
up 
the 

ntry 
ithin 
pos- 

;here- 

[ected 

these 

ft  eUe- 
nor  in 
itry  to 

otn   the 
:,   or  in 
►ving  to 
some  oi 
ring  the 

for  the 

lissionef 
of  the 
for  the 

iot  issue 

t,y   birtVi 

I  have  ob- 
Levious  to  1 
1  tesidenc« 
Jjtt  preced- 
Ise  oi  th« 
Iscribed  H 
Idence  aflH 
^visions  ot| 

lonths  trot*' 


the  date  of  his  perfecting  his  entry  therefor,  and  that  he  has 
brour.ht  under  cultivation  at  least  thirty  acres  thereof,  may, 
before  the  expiration  of  the  three  years  defined  in  sub-section 
(b)  of  Section  aa,  obtain  a  patent  by  paying  two  dollars  and 
fifty  cents  per  acre  for  the  land. 

Sec.  24.  Any  person  claiming  a  patent  under  a  homestead 
entry  shall  also  be  entitled  thereto  upon  making  payment  there- 
for at  the  rate  of  one  dollar  per  acre  and  proving  to  the  satis- 
faction of  the  Commissioner  of  Dominion  Lands  or  the  Dom- 
inion Lands  Board: — 

(a.)  That  he  perfected  his  homestead  entry  by  commencing 
the  cultivation  of  the  homestead  within  six  months  from  the 
date  of  his  homestead  entry. 

(b.)  That  within  the  first  year  after  the  date  of  his  home- 
stead entry  he  broke  and  prepared  for  crop  not  less  than  five 
acres  of  his  homestead  quarter-section;  or  if  the  land  affected 
by  his  homestead  entry  be  timber  land,  then  in  lieu  of  break- 
ing and  preparing  for  crop  five  acres  he  may  substitute  there- 
for the  clearing  and  fencing  of  three  acres. 

(c.)  That  within  the  second  year  he  cropped  the  said  five 
acres,  and  broke  and  prepared  for  crop  not  less  than  ten  acres 
in  addition,  makinjsf  not  less  than  fifteen  acres  in  all;  or  if 
the  land  affected  by  his  homestead  entry  be  timber  land,  in 
lieu  of  cropping  five  acres  and  breaking  and  preparing  for  crop 
ten  acres  additional,  he  may  substitute  therefor  cropping  the 
three  acres  broken  the  previous  year  and  clearing  and  fencing 
^ve  acres  in  addition,  making  in  aM  eight  acres  cleared  and 
fenced,  three  of   which   shall   also   be   cropped. 

(d.)  That  he  has  erected  a  habitable  house  upon  his  home- 
stead before  the  expiration  of  the  second  year  after  his  home- 
stead entry,  and  has  bona  fide  resided  therein  and  has  culti- 
vated the  land  for  three  years  next  prior  to  the  date  of  his  ap- 
plication for  his  patent. 

(e.)  That  at  the  commencement  of  the  third  year  after  the 
Jate  of  his  homestead  entry,  or  previously,  he  commenced  the 
residence  on  his  homestead  required  by  the  next  preceding 
paragraph  of  this  section. 

(f.)  Proof  of  the  residence  and  improvements  required  by 
section   and   the   two   sections   which    immediately   precede 


this 


It  shall  be  made  by  the  claimant  by  affidavit,  and  shall  be  cor- 
Iroborated   by   the   evidence   on   oath   of   two   disinterested   wit- 


I 

111 


.'48 


HRTTISH  COLUMBIA. 


nesses.  resident  in  the  vicinity  of  the  land  affected  by  their 
evidence,  and  accepted  as  sufficient  by  the  Commissioner  of 
Dominion  Lands,  or,  in  his  absence,  by  a  member  of  the  Land 
Board;  such  affidavit  shall  be  sworn,  and  such  testimony  given 
before  the  local  agent,  or,  in  his  absence,  the  senior  clerk  per* 
forming  his  duties,  or  some  other  purpose  named  for  that  pur- 
pose by  the  Minister  of  the  Interior. 

Sec.  25.  Every  person  who  has  obtained  a  homestead  entry 
and  who  proposes  to  apply  for  a  patent  for  such  homestead, 
shall  give  six  months'  notice  in  writing  to  the  agent  of  Do- 
minion Lands  of  his  intention  to  make  such  application,  and 
shall  produce  evidence  to  the  officer  who  is  authorized  to  re- 
ceive  the    application   that   such    notice    has   been    duly   given. 

Sec.  26.    (a.)    In  case  it  is  proved  to  the  satisfaction  of  the 
Minister  of  the   Interior   that   a   settler  has   not  resided   upon 
and  cultivated  his  homestead,  except  as  herein  provided,  for  at 
least  six  months  in  any  one  year,  or  has  failed  to  cultivate  and 
crop   the   said  land   during  the   first  two   years   after   obtaining 
entry  therefor,  or  to  erect  a  habitable  house  before  the   expi- 
ration of  the  second  year  after  such   entry,   and  to  bona  fide 
reside  therein  and  cultivate  the  land  for  three  years  next  prior 
to  the  date  of  his  application  for  patent,  or  has  made  any  false 
statement  in  the  affidavit  in  support  of  his  application  for  en- 
try, or  if  he  fails,  within  the  time  provided  for  in  these  reg- 
ulations to  apply  for  patent  for  his  homestead,  and  to  pay  for 
the    said    homestead    the    price    specified    in    these    regulations, 
the  right  to  the  land  shall  be  forfeited  and  the  entry  therefor 
shall    be    canceled,   and    the    settler    so    forfeiting    his    entry 
shall  not  be  eligible  to  obtain  another  entry,   except  in  special 
cases,   in  the   discretion   of   the   Minister  of  the   Interior. 

(b.)  Provided,  that  in  any  case  of  illness,  vouched  for  by 
sufficient  evidence,  or  in  the  case  of  immigrants  requiring  to 
return  to  their  native  land  to  bring  out  their  families  to  their 
homesteads,  or  in  other  special  cases,  the  Minister  of  the  In- 
terior may,  in  his  discretion,  grant  an  extension  of  time,  dur- 
ing which  a  settler  may  be  absent  from  his  homestead  without 
prejudice  to  his  right  therein;  but  the  extension  of  time  so 
granted  shall  not  count  as  residence. 

Sec.    27.    A    homestead,    the    entry    of   which    has   been   can- 
celed,  may,   at    the    discretion    of    the    Minister,   be    held    fori 
homestead  entry  by  another  person,  on  such  terms  and   condi- 


DOMINION   LANDS. 


M9 


itry 
ead. 
Do- 
and 

)  re- 
Wen. 
i  the 
upon 
[or  at 
c  and 
aintnS 
;   cxpi' 
\z  fide 

t 


tions  as  the  Minister  of  the  Interior  may  prescribe,  or  for  sale 
of  the  land  with  the  improvements,  if  any,  or  of  the  improve- 
ments alone  in  connection  with  homestead  entry  thereof,  to 
another  person. 

Sec.  38.  Any  assignment  or  ttansfer  of  homestead  right  or 
any  part  thereof,  and  any  agreement  to  assign  or  transfer  any 
homestead  right  or  any  part  thereof  after  patent  shall  have 
been  obtained,  made  or  entered  into  before  the  issue  of  the 
patent,  shall  be  null  and  void;  and  the  person  so  assigning 
or  transfering  or  making  an  agreement  to  assign  or  transfer 
shall  forfeit  his  homestead  rights  and  shall  not  be  permitted 
to  make  another  homestead  entry :  Provided,  that  a  person 
whose  homestead  may  have  been  recommended  for  patent  by 
the  local  agent  or  senior  clerk,  and  who  has  received  from  such 
acrent  or  clerk  a  certificate  to  that  effect  in  the  Form  K,  in 
the  Schedule  to  these  regulations,  countersigned  by  the  Com- 
missioner of  Dominion  Lands,  or  in  his  absence  by  any 
member  of  the  Dominion  Lands  Board,  may  legally  dispose 
of  and  convey,  assign  or  transfer  his  right  and  title  therein. 


FRUIT  CULTURE. 

Sec.  29.  Any  person  eligible  under  these  regulations  to  ob- 
tain a  homestead  entry  may,  for  fruit-growing  purposes,  upon 
payment  of  a  fee  of  ten  dollars,  and  upon  making  application 
therefor  to  the  local  agent  in  the  Form  L  in  the  Schedule 
hereto,  obtain  entry  for  any  area  not  in  excess  of  one  quarter- 
section  of  Dominion  lands  of  the  class  open  for  homestead  en- 
try under  these  regulations,  upon  the  following  terms  and  con- 
ditions:— 

(a.)  For  each  legal  subdivision  included  in  the  land  en- 
tered the  applicant  shall,  during  the  first  year  after  the  date 
of  entry,  clear  at  least  four  acres  and  plant  the  same  in  fruit 
trees,  bushes,  plants  or  vines,  to  the  number  prescribed  in 
these  regulations. 

(b.)  During  the  second  year  he  shall  clear  and  plant  three 
acres  additional,  and  any  trees,  plants  or  vines  planted  the  pre- 
ceding year  whicti  may  have  died  shall  be  replaced. 

(c.)  During  the  third  year  he  shall  clear  three  acres  addi- 
tional, planting  the  same  as  in  the  first  and  secoritl  years,  and 


if 


'  1 


1 


.350  BRITISH  COLUMBIA. 

replacing  any  trees,  shrubs,  plants  or  vines  planted  during 
the  first  and  second  years  vhich  roay  have  died. 

(d.)  At  the  end  of  the  third  year  he  shall  have  ten  acres 
cleared  and  planted,  with  fruit  trees,  bushes  or  vines. 

(e.)  Provided,  that  the  clearing  and  planting  herein  pro* 
vided  for  may  be  made  upon  any  portion  of  the  land  entered 
for. 

(f.)  The  fruit  trees,  bushes  or  vines  to  be  planted  by  the 
applicant,  as  herein  provided,  shall  be  in  the  proportion  set 
forth  in  the  folio  iving  table,  according  to  the  variety  or  vari- 
eties planted: — 

Kind.  Distance  Apart.        No.   per  Acre. 

Apple    trees,    standards.  ....  33    feet  40 

Pear 20   feet  zxo 

Peach 15   feet  200 

Plum 15    feet  200 

ChesTy 20  feet  1x0 

Currant  bushes 4  feet  x  6  feet  1,815 

Gooseberry   hushes 4  feet   x  6  feet  1,815 

Grapes 10  feet  x  12  feet  364 

Raspberries 3   feet   x  6  feet  2,425 

Strawberries i    feet  x  4  feet  10,900 

(g.)  At  the  expiration  of  five  years  from  the  date  of  his 
entry,  the  applicant,  or  in  case  of  his  death  his  legal  repre- 
sentative, upon  proving  to  the  satisfaction  of  the  local  agent, 
or  in  his  absence  the  senior  clerk  performing  his  duties,  that 
there  are  then  growing  upon  the  land  and  in  healthy  condi- 
tion the  number  of  trees,  bushes,  plants  or  vines,  as  the  case 
may  be,  prescribed  by  these  regulations,  shall  be  entitled  to 
a  patent  for  the  land  upon  payment  therefor  at  the  rate  of  one 
dollar  per  acre,  provided  such  proof  is  accepted  by  the  Com- 
missioner of  Dominion  Lands,  or  in  his  absence  by  a  member 
of  the  Land  Board;  but  such  patent  shall  not  issue  to  any  per- 
son who  is  not  a  subject  of  Her  Majesty  by  birth  or  naturaliM- 
tton. 

(h.)  T"^  any  person  having  an  entry  for  land  for  purposes 
of  fruit  culture  fails  to  comply  with  any  of  the  conditions  in 
respect  thereof  prescr!b«?d  by  these  regulations,  his  entry  the^^ 
for  shall  be  forfeited  and  canceled;  and  he  shall  have  no  clain 


DOMINION  LANDS. 


ass 


to  the  land  whatever,  except  in  special  cases,  in  the  discretion 
of  the  Minister  of  the  Interior. 


Jrposes 
)ns  io 

claito 


GRAZING  LANDS. 

Sec.  30.  The  Governor  in  Couneil  may,  from  time  to  time^ 
grant  leases  of  unoccupied  Dominion  lands  for  grazing  ptiT' 
poses  to  any  person  or  persons,  for  such  term  of  years  and  at 
such  rent  in  each  case  as  may  be  deemed  expedient;  and 
every  such  lease  shall  contain  a  condition  by  which  the  Gov* 
ernor  in  Council  may  authorize  the  Minister  of  the  Interior, 
at  any  time  during  the  term  of  the  lease,  to  give  the  lessee 
notice  of  cancellation  thereof,  and  at  the  end  of  two  years  from 
the  service  of  such  notice  such  lease  shall  cease  and  determine. 


MINING  AND  MINING  LANDS. 

Sec.  31.  Lands  containing  coal  or  other  minerals,  whether 
in  surveyed  or  unsurveyed  territory,  may  be  disposed  of  in 
such  manner  and  on  such  termr  and  conditions  as  may,  from 
time  to  time,  be  fixed  by  the  Governor  in  Council  by  regula- 
tions to  be  made  in  that  behalf. 

Sec.  32.  It  is  hereby  declared  that  no  grant  from  the  Crown 
of  lands  in  freehold,  or  for  any  less  estate,  has  operated  or  will 
operate  as  a  conveyance  of  the  minerals  therein,  unless  the 
same  are  expressly  conveyed  in  such  grant. 


DITCHES. 

Sec.  33.  The  provisions  of  "The  Dominion  !N[ining  Regu- 
lations" having  reference  to  the  diversion  and  use  of  the  water 
from  any  stream  or  lake,  and  the  rights  of  way  necessary  for 
the  construction  of  flumes  and  ditches  to  convey  such  water, 
shall  apply  to  the  diversion  and  use  of  the  water  from  any 
stream  or  lake,  and  the  rights  of  way  necessary  to  the  con- 
veyance thereof  in  respect  of  the  irrigation  of  agricultural 
lands:  Provided,  however,  that  the  forms  M,  N,  and  O,  in 
the  Schedule  to   these  regulations,    shall   be  used. 


TIMBER  SLIDES,  &c. 
Sec.  34.    No  sale  or  grant  of  any  Dominion  lands  shall  give 


m 


I 


'■■■  \f 


t 


: 


I  iiij 


1l 


li 


3i2 


BRITISH  COLUMBIA. 


or  convey  any  right  or  title  to  any  slide,  dam,  water-way,  pier 
or  boom,  or  other  work  previously  constructed  on  such  land, 
or  any  stream  passing  through  or  along  it,  for  the  purpose 
of  facilitating  the  descent  of  timber  or  saw-logs,  unless  it  be 
expressly  mentioned  in  the  letters  patent  or  other  documents 
establishing  such  sale  or  grant  that  such  slide,  dam,  water-way, 
pier  or  boom,  or  other  work,  is  intended  to  be  thereby  sold 
or  granted. 

The  free  use  of  any  slide,  dam,  water-way,  pier,  boom  or 
other  work  on  streams,  to  facilitate  the  descent  of  lumber  and 
saw-logs,  and  the  right  of  access  thereto  for  the  purpose  of 
using  the  same  and  keeping  the  same  in  repair,  shall  not  in 
any  way  be  interrupted  or  obstructed  by  or  in  virtue  of  any 
sale  or  grant  of  Dominion  lands  made  subsequent  to  the  con- 
struction  of   any    such   work. 

Sec.   35.    The  free  use   for  the  floating  of  saw-logs   or  other 
timber,  of  any  stream  or  lake,  that  may  be  necessary  for  the 
descent  thereof  from   Dominion  lands  and  the  right  of  access 
to   such  stream  or   lake,   and  of   passing  and  re-passing  on  or 
along  the  land  on  either  side,  and  wherever  necessary  for  such 
use   thereof,   and  over  any  existing  or  necessary   portage  road 
past  any  rapid  or  fall,  or  connecting  such  stream  or  lake,  and 
over  such  road  as,  owing  to  natural  obstacles,   may  be  neces- 
sary for  taking  out  timber  from  Dominion  lands,  and  the  right 
of  constructing  any  slide  or  water-way   where   necessary,   shall 
continue  uninterrupted,  and  shall  not  be  affected  or  obstructed 
by  or  in  virtue  of  any  sale  or  grant  of  such  lands. 


ASSIGNMENTS. 
Sec.  36.  The  Minister  of  the  Interior  shall  cause  to  be  kept 
in  his  Department  books  for  registering,  at  the  option  of  the 
parties  interested,  assignments  of  any  right  to  Dominion  lands 
w^hich  is  assignable  under  these  regulations,  upon  proof  to  his 
satisfaction  that  such  assignment  is  in  conformity  with  these 
regulations;  and  every  assignment  so  registered  shall  be  valid 
against  any  other  assignment  unregistered  or  subsequently  reg- 
istered; but  any  assignment  to  be  registered  must  be  uncondi- 
tional, and  all  conditions  on  which  the  right  depends  must  have 
been  performed  or  dispensed  with  by  the  Minister  of  the  In- 
terior before  the  assignment  is  registered. 


nrd 


DOMINION   LANDS. 


353 


TOWNSHIP    PLANS   AND    PATENT    LISTS. 

Sec.  37'  The  Minister  of  the  Interior  shall  transmit  to  the 
Registrar-General  of  British  Columbia,  or  his  deputy  or  dep- 
uties, as  early  as  possible  in  each  year,  a  certified  copy  of  the 
map  of  each  township  in  such  district  or  division,  surveyed  in 
the  year  next  preceding,  together  with  a  certified  list  of  the 
lands   in  such   district   or   division   patented   in  such   year. 


GENERAL    PROVISIONS     RELATING   TO     THE 
WAY  BELT  IN  BRITISH  COLUMBIA. 


RAIL- 


Sec.  38.  The  following  powers  are  hereby  delegated  to  the 
Governor  in  Council,  to  be  exercised  from  time  to  time  by 
special  Orders  in  Council,  upon  the  recommendation  of  the 
Minister  of  the  Interior: — 

(a.)  To  withdraw  from  the  operation  of  these  regulations, 
subject  to  existing  rights  as  defined  or  created  under  the 
same,  such  lands  as  have  been  or  may  be  reserved  for  Indians, 
(b.)  To  encourage  works  undertaken,  with  a  view  of  drain- 
ing and  reclaiming  swamp  lands,  by  granting  to  the  promot- 
ers of  such  works  remuneration  in  the  way  of  grants  of  the 
lands  so  reclaimed,  or  of  such  portions  thereof,  or  any  other 
land,  as  may  be  deemed  "fair  and  reasonable. 

(c.)  To  make  such  orders  as  may  be  deemed  necessary, 
from  time  to  time,  to  carry  out  the  provisions  of  these  regula- 
tions, according  to  their  true  intent,  or  to  meet  any  cases 
which  may  arise  and  for  which  no  provision  is  made  in  these 
regulations;  and  further,  to  make  and  declare  any  regulations 
which  may  be  considered  necessary  to  give  the  provisions  in 
this  clause  contained  full  efTect;  and  from  time  to  time  alter 
or  revoke  any  order  or  orders,  or  any  regulations  made  in  re- 
spect of  the  said  provisions,  and  make  others  in  their  stead. 

(d.)  Every  order  or  regulation  made  by  the  Governor  in 
Council,  in  virtue  of  the  provisions  of  this  section,  or  of  any 
other  section  of  these  regulations,  shall,  unless  otherwise  spe- 
cially provided  in  these  regulations,  have  force  and  effect  only 
*fter  the  same  has  been  published  for  four  successive  weeks 
in  the  Canada  Gazette  and  British  Columbia  Gazette;  and 
»11  such  orders  or  regulations  shall  be  laid  before  both  Houses 
23 


354 


BRITISH  COLUMBIA. 


of   Parliament  within  the  first  fifteen  days  of  the  session   next 
after  the  date  thereof. 

Sec.  30.  All  affidavits,  oaths,  solemn  declarations  or  affirma- 
tions required  to  be  taken  or  made  under  these  regulations, 
except  as  otherwise  herein  provided,  may  be  taken  before  a 
registrar  of  the  Supreme  Court  of  British  Columbia,  or  the 
judge  or  registrar  of  any  County  Court,  or  any  justice  of  the 
peace,  or  any  commissioner  for  taking  affidavits,  or  notary 
public,  or  any  Dominion  lands  agent  or  officer,  or  any  person 
specially  authorized  to  take  such  affidavits  by  these  regula- 
tions, or  by  the  Minister  of  the  Interior. 

Sec.    40.    The    Dominion    Lands     Board,    or     any     member 
thereof,  the  Crown  Timber  Agent,  or  any  person  specially  au- 
thorized to  that  effect  by  the  Governor  in  Council,   shall  have 
power  to  summon  before  them,   or  him,   any  person,   by  sub- 
poena issued   by  them  or  him,   to  examine  such   person  under 
oath,  and  to  compel  the  production  of  papers  and  writings  be- 
fore them   or  h-m — and  such  subpoena  may  be  in  the  Form  P 
in  the  Schedule  to  these  regulations — and,   if  any  person  duly 
summoned  neglects  or  refuses  to  appear  at  the  time  and  place 
specified  in  the  subpoena  upon  him  legally  served,  or  refuses 
to   give    evidence    or  to    produce   the    papers   or     writings    de- 
manded of  him,   may,  by  warrant  under  their  or  his  hands  or 
hand,  cause  such  person  so  neglecting  or  refusing  to  be  taken 
into    custody   and   to   be    imprisoned    in   the    nearest     common 
gaol,  as  for  contempt  of  court,  for  a  period  not  exceeding  four- 
teen days. 

Sec.  41.  In  any  case  where  an  affidftvit  or  oath  is  required 
by  these  regulations,  a  solemn  affirmation  may  be  administered 
and  made,  instead  of  an  oath,  by  any  person  who  is  by  law 
permitted  in  civil  cases  to  make  a  solemn  affirmation  instead 
of  an  oath. 

Sec.  42.  Every  receipt  or  certificate  of  entry  or  sale  issued 
by  an  agent  of  Dominion  lands  shall,  unless  such  entry  or  sale 
shall  have  been  revoked  or  canceled  by  the  Minister  of  the  In- 
terior, entitle  the  person  to  whom  the  same  was  granted  to 
maintain  suits  at  law  or  in  equity  against  any  wrong-doer  or 
trespasser  on  the  lands  to  which  such  receipt  or  certificate  j 
relates,  as  effectually  as  he  could  do  under  a  patent  of  such] 
land  from  the  Crown. 


^e< 


DOMINION  LANDS. 


3S5 


WHO    SHALL    BE  COMPETENT  TO  SURVEY  DOMIN- 

ION  LANDS. 

Sec.  43.  Sections  99  to  139,  inclusive,  of  Chapter  54  of  the 
Revised  Statutes  of  Canada,  are  hereby  extended  to  the  public 
lands  of  Canada  in  the  Province  of   British  Columbia. 


TARIFF  OF   FEES. 

Sec.  44.  The  Governor  in  Council  may  establish  a  tariff  of 
fees  to  be  charged  by  the  Minister  of  the  Interior  for  all  copies 
of  maps,  township  plans,  field  notes  and  other  records,  and 
also  for  registering  assignments;  and  all  fees  received  under 
such  tariff   shall   form   part    of   revenue   from    Dominion   lands. 


w 


SCHEDULE. 

FORM   A. 

Application   for   a   Homestead    Entry. 
I,  ,   of  ,    do   hereby   apply  for 

a   homestead    entry,    under    the    provisions    of    the    Regulations 
for   the   disposal    of   Dominion    lands   within   the    Railway    Belt 
in   the    Province    of   British    Columbia,    approved   by    Order    in 
Council  of  the  17th  September,  1889,  for  the 
quarter-section  of   section  number  of  the 

township,  in  the  range  of 

the  meridian. 


FORM  B. 

Affidavit  in  support  of  a  claim  for  homestead  entry  by  a  per- 
son who  has  bona  fide  settled  and  made  improvements  upon 
land  in  advance  of  survey. 

I,  A.  B.,  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 
that  I  am  over  eighteen  years  of  age;  that  to  the  best  of  my 
knowledge  and  belief  the  land  in  respect  of  which  my  applica- 
tion is  made  is  surveyed  agricultural  land;  it  is  not  chiefly 
valuable  for  its  timber,  or  for  hay  land,  nor  is  there  upon  it 
any  stone  or  marble  quarry,  or  coal  or  other  mineral  having 
commercial  value;  there  is  not  upon  it  any  water  power  which 


f     n  m 


356 


BRITISH  COLUMBIA. 


may  serve  to  drive  machinery,  nor  is  it  specially  valuable  by 
reason  of  its  position,  such  as  being  the  shore  of  an  im- 
portant harbor,  bridge  site  or  canal  site,  or  being  either  an 
actual  or  prospective  railway  terminus  or  station;  that  I  be- 
came resident  upon  and  began  to  cultivate  the  said  land  on  the 
day  of  »  i8     >  before  the  same  was 

surveyed;  that  I  have  resided  upon  and  cultivated  the  said 
land  continuously  ever  since;  that,  there  is  no  other  person 
residing  or  having  improvements  upon  it,  and  that  this  appli- 
cation is  made  for  my  exclusive  use  and  benefit,  with  the  in- 
tention of  residing  upon  and  cultivating  the  said  land,  and  not 
directly  or  indirectly  for  the  use  or  benefit  of  any  other  per- 
son or  persons  whomsoever;  and  that  I  have  not  heretofore 
obtained  an  entry  for  a  homestead  on  Dominion  lands,  nor  do 
I  own  more  than  one  hundred  and  sixty  acres  of  land  within 
the  tract  known  as  the  Railway  Belt  in  British  Columbia. 
Subscribed  and  sworn  to,  this 

day   of  18      , 

before  me 

(Signature.) 
Local   Agent. 


FORM  C. 

Affidavit  in  support  of  a  claim  for  homestead  entry  by  a  per- 
son   who   has   not    previously   obtained   homestead   entry. 
I,  A.  B.,  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 
that  I  am  over  eighteen  years  of  age;  that  to  the  best  of  my 
knowledge   and   belief  the  land   in   respect   of  which  my  appli- 
cation is   made   is   surveyed  agricultural  land;   it  is  not  chiefly 
valuable   for   its   timber  or  for   hay   land,   nor   is   there   upon  it 
any   stone  or   marble  quarry,   or  coal  or  other   mineral   having 
commercial  value;  there  is  not  upon  it  any  water  power  which 
may  serve  to   drive  machinery;  nor  is  it  specially  valuable  by 
reason  of  its  position,  such  as  being  thi  shore  of  an  important 
harbor,    bridge   site   or    canal     site,   or  being    either  an  actual 
or    prospective    railway    terminus    or    station;    thai,    there    is  no 
person  residing  on  the  said  land,   nor  are   there  any  improve- 
ments  thereon,   and   that   this   application   is   made  for   my  ex- 
clusive   use    and    benefit,    with    the    intention    of   residing   uponi 


son 
stea( 
to   o 

J.  A, 

that  I  . 

inow]e(L 
cation  ij 
vaiuabJel 
^"y  stoi 
commerc 
"Jay  serl 
reason  o| 
^^nt  harii 
"a^  or  p- 
person  rJ 
'"ents  thl 


DOMINION  LANDS. 


357* 


and  cultivating  the  said  land,  and  not  directly  or  indirectly 
for  the  use  or  benefit  of  any  other  person  or  persons  whomso- 
ever, and  that  I  have  not  heretofore  obtained  a  homestead  on. 
Dominion  lands,  nor  do  I  hold  or  own,  by  pre-emption  record 
or  otherwise,  under  the  laws  of  British  Columbia,  more  than 
one  hundred  and  sixty  acres  within  the  tract  known  as  the 
Railway  Belt  in  British  Columbia. 

Subscribed  and  sworn  to,  this  day  of  i8    , 

before  me 

(Signature.) 
Local  Agent. 


FORM  D. 

Affidavit  in  support  of  a  claim  for  homestead  entry  by  a  per- 
son who  has  previously  obtained  and  has  forfeited  his  home- 
stead entry,  but  is  permitted  by  the  Minister  of  the  Interior 
to   obtain   another   homestead   entry. 

I,  A.  B.,  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 
that  I  am  over  eighteen  years  of  age;  that  to  the  best  of  my 
knowledge  and  belief  the  land  in  respect  of  which  my  appli- 
cation is  made  is  surveyed  agricultural  land;  it  is  not  chiefly 
valuable  for  its  timber,  or  for  hay  land,  nor  is  there  upon  it 
any  stone  or  marble  quarry,  or  coal  or  other  mineral  having 
commercial  value;  there  is  not  upon  it  any  water  power  which 
may  serve  to  drive  machinery,  nor  is  it  specially  valuable  by 
reason  of  its  position,  such  as  being  the  shore  of  an  impor* 
tant  harbor,  bridge  site  or  canal  site,  or  being  either  an  act- 
ual or  prospective  railway  terminus  or  station;  that  there  is  no 
person  residing  on  the  said  land,  nor  are  there  any  improve- 
ments thereon;   that   I   obtained  homestead   entry   on  the 

d.iy  of  i8     ,  for  the 

quarter-section  of  section  ,  township  , 

range  ,  of  the  meridian, 

but  forfeited  the  same;  that  by  order  of  the  Minister  of  the 
Interior,  which  I  now  produce,  I  have  been  permitted  to  make 
application  for  and  to  receive  another  homestead  entry;  that 
this  application  is  made  for  my  exclusive  use  and  benefit, 
with  the  intention  of  residing  upon  and  cultivating  the  land 
applied  for,  and  not,  directly  or  indirectly,  for  the  use  or  bene- 
fit of    any  other    person  or  persons    whomsoever,   and  that   I 


I* 


3SB 


BRITISH  COLUMBIA. 


have  not  heretofore  obtained  a  homestead  on  Dominion  lands 
except  as  herein  stated,  nor  do  I  hold  or  own,  by  pre-emption 
record  or  otherwise,  under  the  laws  of  British  Columbia, 
more  than  one  hundred  and  sixty  acres  of  land  within  the  tract 
known  as  the  Railway  Belt  in  British  Columbia. 

Subscribed  and  sworn  to,  this  day  of  i8    , 

before  me 

(Signature.) 

Local  Agent. 


FORM  E. 

Application   for   Homestead   Entry  by  an   Agent. 
I,  A.  B.,  do  hereby  apply  on  behalf  of  of 

,  for  homestead  entry  under  the  provisions 
of  the  Regulations  for  the  disposal  of  Dominion  lands  within 
the  Railway  Belt  in  the  Province  of  British  Columbia,  as  ap- 
proved by  Order  in  Council  of  the  17th  September,  1889,  for 
the  quarter-section  of  section  number 

of  the  township,  in  the  range 

of  the  meridian. 


FORM  F. 

Affidavit  by  an   Agent  in   support   of  a    claim    for    homestead 
entry  on  behalf  of  a  person  who  has  bona  fide  settled  and 
made   improvements   upon   land   in   advance   of   survey. 
I,  A.  B.,  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 
that  for  whom  I  am  acting  herein  as  agent,  is  over 

eighteen  years  of  age;  that  to  the  best  of  my  knowledge  and 
belief  the  land  in  respect  of  which  the  application  is  made  is 
surveyed  agricultural  land;  it  is  not  chiefly  valuable  for  its 
timber,  or  for  hay  land,  nor  is  there  upon  it  any  stone  or 
marble  quarry,  or  coal  or  other  mineral  having  commercial 
value;  there  is  not  upon  it  any  water  power  which  may  serve 
to  drive  machinery,  nor  is  it  specially  valuable  by  reason  of 
its  position,  such  as  being  the  shore  of  an  important  harbor, 
bridge  site  or  canal  site,  or  being  either  an  actual  or  prospect- 
ive railway  terminus  or  station;  that  the  said 
became  resident  upon  and  began  to  cultivate  the  said  land  on 
the  day  of  18     ,   before  the 

same  was  surveyed;   that  he  has  resided   upon   and   cultivated 
the  said  land  in  conformity  with  the  requirements  of  the  home- 


Affidavit 
entry 
homes 
I.  A. 

that 

'-ifir  hereii 
best  of  n. 
^^^  applic 
chiefly   va 
upon  it  a 
''aving  coi 
which  ma] 
able  by  re 
'"njportant 
3"  actual 
''^ere  is  „<] 

f"y  impro] 

for  the  ex<i 

*''«  'ntentiol 

*"d  not  dif 

I  '^^^'-  PersoJ 

tofcre  obtail 


DOMINION   LANDS. 


359 


stead  provisions  of  the  Dominion  lands  regulations  in  British 
Columbia  ever  since;  that  there  is  no  other  person  residing 
on,  or  claiming,  or  having  improvements  upon  it,  and  that 
this  application  is  made  for  his  exclusive  use  and  benefit,  with 
the  intention  of  his  residing  upon  and  cultivating  the  said 
land,  and  not  directly  or  indirectly  for  the  use  or  benefit  of  any 
other  person  or  persons  whomsoever,  and  that  he  has  not  here* 
tofore  obtained  an  entry  for  a  homestead  on  Dominion  lands, 
nor  does  he  hold  or  own,  by  pre-emption  record  or  otherwise, 
under  the  laws  of  British  Columbia,  more  than  one  hundred 
and  sixty  acres  of  land  within  the  tract  known  as  the  Railway 
Belt  in   British  Columbia. 

Subscribed  and  sworn  to,  this  day  of  i8    , 

before  me 

(Signature.) 
Local  Agent. 


FORM  G. 

Affidavit  by  an  Agent  in  support  of  a  claim  for  homestead 
entry  on  behalf  of  a  person  who  has  not  previously  obtained 
homestead  entry. 

I,  A.   B..  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 
that  '  ,  of  ,  for  whom  I  am  act- 

ing  herein  as  agent,  is  over  eighteen  years  of  age;  that  to  the 
best  of  my  knowledge  and  belief  the  land  in  respect  of  which 
ihe  application  is  made  is  surveyed  agricultural  land;  it  is  not 
chiefly  valuable  for  its  timber,  or  for  hay  land,  nor  is  there 
upon  it  any  stone  or  marble  quarry,  or  coal  or  other  mineral 
having  commercial  value;  there  is  not  upon  it  any  water  power 
which  may  serve  to  drive  machinery,  nor  is  it  specially  valu- 
able by  reason  of  its  position,  such  as  being  the  shore  of  an 
important  harbor,  bridge  site  or  canal  site,  or  being  either 
an  actual  or  prospective  railway  terminus  or  station;  that 
there  is  no  person  residing  upon  the  said  land,  nor  are  there 
any  improvements  thereon,  and  that  this  application  is  made 
for  the  exclusive  use  or  benefit  of  the  said  ,  with 

the  intention  of  his  residing  upon  and  cultivating  the  said  land, 
and  not  directly  or  indirectly  for  the  use  or  benefit  of  any 
other  person  or  persons  whomsoever,  and  that  he  has  not  here- 
tofore obtained  an  entry  for  a  homestead  on  Dominion  lands. 


360 


BRITISH  COLUMBIA. 


nor  does  he  hold  or  own,  by  pre-emption  record  or  otherwise, 
under  the  laws  of  British  Columbia,  more  than  one  hundred 
and  sixty  acres  of  land  within  the  tract  known  as  the  Railway 
Belt  in  British  Columbia. 

Subscribed  and  sworn  to,  this  day  of  i8    , 

before  me . 

(Signature.) 

Local  Agent. 


on  Doi 

or   own 

of  Briti 

of  land 

Columbi 

Subsc 

before  n: 


lil 


Ml 


FORM  H. 

Affidavit  by  an  Agent  in  support  of  a  claim  for  homestead 
entry  on  behalf  of  a  person  who  has  previously  obtained 
and  has  forfeited  his  homestead  entry,  but  is  permitted  by 
the  Minister  of  the  Interior  to  obtain  another  homestead 
entry. 

I,  A.  B.,  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 
that  ,  for  whom  I  am  acting  herein  as  agent, 

is  over  eighteen  years  of  age,  and  to  the  best  of  my 
knowledge  and  belief  the  land  in  respect  of  which  application 
is  made  is  surveyed  agricultural  land;  it  is  not  chiefly  valuable 
for  its  timber  or  for  hay  land,  nor  is  there  upon  it  any  stone 
or  marble  quarry,  or  coal  or  other  mineral  having  commercial 
value;  there  is  not  upon  it  any  water  power  which  may  serve 
to  drive  machinery,  nor  is  it  specially  valuable  by  reason  of  its 
position,  such  as  being  the  shore  of  an  important  harbor, 
bridge  site  or  canal  site,  or  being  either  an  actual  or  pros- 
pective railway  terminus  or  station;  that  there  is  no  person 
residing  on  the  said  land,  nor  are  there  any  improvements 
thereon;  that  he  obtained  homestead  entry  on  the 
day  of  i8     ,  for  the 

quarter-section  of  section  township 

ransre  of  the 

meridian,  but  forfeited  the  same;  that  by  an  order  of  the  Min- 
ister of  the  Interior,  which  I  now  produce,  he  has  been  per- 
mitted to  make  application  for  and  receive  another  homestead 
entry,  and  that  this  application  is  made  for  his  exclusive  use 
and  benefit,  with  the  intention  of  his  residing  upon  and  culti- 
vating the  land  applied  for,  and  not  directly  or  indirectly  for 
the  use  or  benefit  of  any  other  person  or  persons  whomso- 
ever,   and    that    he    has    not   heretofore    obtained    a   homestead 


J   certii 

sum  of  tei 

(describe  l 

sequence  < 

conferred   ; 

^or  the  disi 

the  Pfovin 

Council   of 

'■'ghts. 

(PJace-Dat 


r       .  ^^ 

^  certify 

'homestead   , 
"le  provision 
;°  entitle  hi, 
^'''^  recomw 

I  '^^«ce-Date) 
Counter! 


..  ^>  A.  B.,  d 
l"e  disposal 


of 


DOMINION   LANDS. 


361 


on  Dominion  lands  except  as  herein  stated,  nor  does  he  hold 
or  own,  by  pre-emption  record  or  otherwise  under  the  law» 
of  British  Columbia,  more  than  one  hundred  and  sixty  acres 
of  land  within  the  tract  known  as  the  Railway  Belt  in  British 
Columbia. 

Subscribed  and  sworn  to,  this  day  of  18    , 

before  me 

(Signature.) 
Local  Agent. 


FORM  J. 
Receipt  and   Certificate  of   Entry. 
I   certify  that    I   have  received  from  the 

sum  of  ten  dollars,  being  the  office  fee  for  homestead  entry  for 
(describe  the  land),  and  that  the  said  is,  in  con- 

sequence of  such  entry  atid  payment,  vested  with  the  rights 
conferred  in  such  cases  by  the  provisions  of  the  regulations 
for  the  disposal  of  Dominion  lands  within  the  Railway  Belt  in 
the  Province  of  British  Columbia,  as  approved  by  Order  in 
Council  of  the  17th  September,  1889,  respecting  homestead 
rights. 

Local  Agent. 
(Place— Date). 


FORM  K. 
Certificate  of  Recommendation  for  Patent. 
I  certify  that  ,  who  is  the  holder  of  a 

homestead  entry  for  (describe  the  land),  has  complied  wi.h 
the  provisions  of  the  law  required  to  be  conformed  to  in  order 
to  entitle  him  to  receive  a  patent  for  such  land,  and  that  I 
have  recommended   the  issue  of   such  patent. 

Local  Agent. 
UPlace-Date). 

Countersigned : 

Commissioner   of   Dominion   Lands. 


FORM  L. 
Application  for  Fruit-culture  Entry. 


x8 


Ii  A.  B.,  do  hereby  apply  for  entry  under  the  regulations  for 
"^le  disposal  of  Dominion  lands  for  fruit-culture  within  the  Rail- 


m 

si. 


'J 


fM' 


36a 


BRITISH  COLUMBIA. 


way  Belt  in  the  Province  of  British  Columbia,  as  approved  by 
Order  in  Council  of  the  17th  day  of  September,  1889*  for  legal 
8ub*division  ,  of  section  • 

of  the  township,  in  the  range 

west  of  the  meridian. 

And  I,  A.  B.,  do  solemnly  swear  (or  affirm,  as  the  case  may 
be)  that  I  am  over  eighteen  years  of  age;  that  to  the  best  of 
my  knowledge  and  belief  the  land  in  respect  of  which  this  ap- 
plication is  made  is  of  the  class  open  for  homestead  entry; 
that  there  is  no  person  residing  upon  the  said  land,  nor  are 
there  any  improvements  thereon,  and  that  I  have  not  hereto- 
fore obtained  a  fruit-culture  or  other  entry  for  Dominion 
lands. 

Sworn  before  me,  this  day  of  A.  D.   18   , 

(Signature.) 
Local  Agent. 


FORM  M. 

Notice   of  Application  for   Right   to   Divert  Water. 

Notice  is  hereby  given,  in  pursuance    of    the    provisions  of 

the    Regulations    for    the    disposal    of    Dominion    lands    within 

the  Railway  Belt  in  the   Province  of  British  Columbia,  that  I, 

of  ,  at  the  expiration 

of  20  davs   from  the  date  hereof,   intend  to   apply  to  the  local 
agent  of  Dominion  lands  at  ,  in  the  Province 

of    British    Columbia,    for    authority    to    take,    carry    away    and 
divert  to  my   (farm  or  mining  claim)   from  its  natural  channel 
inches    of    the    unentered    and    unappropriated    water 
of  the  (stream  or  lake)  known  as  for 

purposes  during  the  term  of  years  from  the  date 

of  record,  with  the  object  of  (irrigating  or  sluicing)  my  said 
(farm  or  mining  claim);  such  diversion  will  be  made  at  a  point 
situated  on  the  (north,  east,  south,  or  west,  end  or  side)  of 
the  said  (stream  or  lake)  marked  on  the  ground  by  a  conspicu- 
ous post,  and  it  is  intended  that  such  water  shall  be  carried  in 
and  through  a  (ditch  or  flume,  or  both)  in  a 
direction  over  the  lands  of  ,  as  indicated  by 

like   posts   planted,   where   practicable,   every  quarter  of  a  mile 
along  the  proposed  line  of  the  (ditch  or  flume,  or  both). 

(Signature.) 
Dated  this  day  of  ,  18     ,  at 


jrd.    T 

""e  last  al 

^'ic  propos 

4th.    Th 

"■emulations 

I  ^'aim)  to 

I     5th.    Thi 

''''  and  alo] 

«ted  in  thl 

^"  conditio] 

["Je  Water 

ptrred  to. 

J     Sworn   be 
lat 


DOMINION  LANDS. 


363 


le  date 

ly  said 

[a  poin^ 

jide)  o5 
jnspicu- 

Irrted  in 

tated  by 
a  mil« 

ire.) 
at 


FORM  N. 
Aiilidavit  in  support  of  Application  for  Right  to  Divert  Water. 

Province  of  British  Columbia, 
To  VVit: 
I,  of  ,   make  oath  and   say: — 

I  St.  That  the  document  hereunto  annexed  and  marked  with 
the  letter  "A"  is  a  true  copy  of  a  notice  given  by  me 

,  in  pursuance  of  the  provisions  of  the  regulations  for  the 
disposal  of  the  Dominion  lands  within  the  Railway  Belt  in  the 
Province  of  British  Columbia,  and  posted  up  by  me  on  the  day 
of  the  date  thereof  at  the  point  of  diversion  therein  named. 

2nd.    That  on  the  day  of  ,   A.  D. 

18    ,  I  also  posted  up  a  like  copy  of  such  notice  in  a  conspic- 
uous olace  on  the  lands  of  each  of  the  following  persons,  viz.: 

3rd.  That  the  lands  of  the  said  several  persons  named  in 
the  last  above  paragraph,  and  of  no  others,  will  be  affected  by 
the  proposed  diversion  in  the  said  notice  mentioned. 

4th.  That  I  am  lawfully  entitled  to  hold  land  under  the  said 
regulations,  and  I  am  lawfully  pccupying  (and  bona  fide  culti- 
vating or  working,  as  the  case  may  be)  the  (land  or  mineral 
claim)  to  which  the  said  water  is  intended  to  be  diverted. 

5th.  That  I  have  planted  posts  in  accordance  with  the  terms 
of,  and  along  the  proposed  line  of  ,  as  indi- 

cated in  the  said  notice,  and  I  believe  that  I  have  performed 
all  conditions  precedent  necessary  to  entitle  me  to  a  record  of 
the  water  privilege   in  the  notice   mentioned   or   re- 

iferred  to. 

Sworn  before  me,  this  day  of  ,  A.  D.  18  , 
l*t  in  the  said  Province. 


Local  Agent. 


(Signature.) 


FORM  O. 
Grant  of  the  Right  to  Divert  Water. 
|To  all  whom  it  may  concern — Greeting: 

Know  ye,  that  ,  of  , 

aving  complied  with  the  provisions  of  the  Regulations  for 
lie  disposal  of  Dominion  lands  within  the  Railway  Belt  in  the 
i^rovince  of  British  Columbia,  as  appears  by  affidavit  of  him- 
F^  with    notice    annexed    fikd  with    the  undersigned  on  the 


Kii 


m 


1; 

i 

1 

ii 

i  1, 

364 


BRITISH  COLUMBIA. 


day  of  ,   18     ,  ih  hereby  authorized 

to  divert  foi  his  own  use,  for  a  period  of  years  from 

the  date  hereof,  inches  of  unrecorded  and  unap- 

propriated water  of  ,  or  so  much  of  that  quantity 

as  may  be  lawfully  diverted  and  used  by  him  under  and  in  ac- 
cordance with  the  provisions  of  the  said  regulations,  and  the 
said  is  entitled  to  all  the  rights  conferred  by  the 

said  regulations  upon  the  recorded  owner  of  a  water  privilege. 
Given  the  day  of  18    ,  at  in 

the  Province  of  British   Columbia. 

Local  Agent. 


FORM  P. 
Subpoena. 


To 


Greeting : 

You  are  hereby  commanded  that  all  things  set  aside  and 
ceasing  every  excuse,  you  be  and  appear  in  your  proper  person 
before  me,  the  undersigned,  at  on  the 

day  of  18     ,  by  o'clock  in  the 

noon,  and  so  on  from  day  to  day,  to  be  then  and  there  exam- 
ined upon  oath  touching  your  knowledge  of 

And  you  are  to  brings  with  you  and  produce  all  papers 
and  writings  in  youi  custody,  power  or  control,  in  any  wise 
relating  to  the  said  matters;  and  t?ke  notice  that  if  you  neglect 
or  refuse  to  appear  at  the  time  or  pi;-!ce  aforesaid  you  will  be 
liable  to  be  taken  into  custody  and  to  be  imprisoned  in  th' 
nearest  common  jail,  as  for  r->ntempt  of  court,  for  a  period  not 
exceeding  fourteer   days. 

Given  under  my  hand  and  seal,   this  day  of 

18    .  at 

(Signatur*.   of  Officer.) 
(L.  S.) 


PART  VIII. 


BRITISH    COLUMBIA. 


8  ■   '■' 


)apers 
wise 
Neglect 
all  be 
in  tV/ 
)d  not 


MINING  LAWS, 

GOLD,  SILVER  AND 

COAL. 


•I 


■1   s 


rirT 


II! 


PART  8. 

I 

MINING  LAWS  OF  BRITISH   COLUMBIA. 


AN   ACT   RELATING  TO   GOLD   AND   OTHER   MINER- 
ALS EXCEPTING  COAL.* 

1896,  c.  34.    As  amended  in  1897,  c.  28. 

HER  MAJESTY,  by  and  with  the  advice  and  consent  of  the 
Legislative  Assembly  of  the  Province  of  British  Columbia,  en- 
acts as  follows: 

SHORT  TITLE.  Sec.  i.  This  Act  may  be  cited  as  the 
"Mineral  Act,  1896." 

INTERPRETATION.  Sec.  2.  In  the  construction  of  this 
Act  the  following  expressions  shall  have  the  following  mean- 
mgs  respectively,   unless  inconsistent  with  the  context: 

"Mine"  shall  mean  any  land  in  which  any  vein  or  lode,  or 
rock  in  place,  shall  be  mined  for  gold  or  other  minerals,  pre- 
cious or  base,  except  coal: 

"Mineral"  shall  mean  all  valuable  deposits  of  gold,  silver, 
platinum,  iridium,  or  any  of  the  platinum  group  of  metals, 
mercury,  lead,  copper,  iron,  tin,  zinc,  nickel,  aluminum,  anti- 
mony, arsenic,  barium,  bismuth,  boron,  bromine,  cadmium, 
chromium,  cobalt,  iodine,  magnesium,  manganese,  molyb- 
denum, phosphorus,  plumbago,  potassium,  sodium,  strontium, 
sulphur  (or  any  combination  of  the  aforementioned  elements 
with  themselves  or  with  any  other  other  elements),  asbestos. 
emery,  mica,  and  mineral   pigments. 

Limestone,  marble,   clay,  or  any  building  stone  when  mined 
for  building  purposes  shall  not  be  considered  as  mineral  within  j 
the  meaning  of  this  Act. 

"Rock   in  place"   shall  mean  all   rock  in  place  bearing  valu- 
able deposits  of  mineral  within  the  meaning  of  this  Act. 

"Vein,"  or  "lode."  Whenever  either  of  these  terms  is  used| 
in  this  Act,  "rock  in  place"  shall  be  deemed  to  be  included. 

*Coal  lands,  see  page  472. 
366 


"r  foreig 
listing 

"Recor 
^a"ie  mea 
l^ept  for 

"^r  one  ot 

"("ause' 
"Judgm 
"i^eal 
under  thi 
"^^\^J  than 

"Joint    St 
purposes, 
(a.)    In 

'^^^  ""cpcale^ 


e, 


MINING  LAWS. 


3^7 


NER- 


of  the 

1 

ia,  en- 

1 

as   the 

1 

i 

oi  this 
r  mean- 
lode,  or 

Is,  pre- 

silver, 
metals, 
jtn,  anti- 
ladmiui"' 
molyb- 
[rontiuw, 
elements 
lasbestos. 

^n  min«* 
lal  within  I 


ing 


valu- 


is  US' 
bludcd. 


ed 


"Mineral  claim"  shall  mean  the  personal  right  of  property 
or  interest  in  any  mine. 

"Mining  property"  shall  include  every  mineral  claim,  ditch, 
mil),  site,  or  water  right  used  lor  mining  purposes,  and  all  other 
things   belonging   to   a   mint   or   used    in   the   working  thereof. 

"Legal  post"  shall  mean  a  stake  standing  not  less  than  four 
feet  above  the  ground,  and  squared  or  faced  on  four  sides  for  at 
least  one  foot  from  the  top,  and  each  side  so  squared  or  faced 
shall  measure  ^t  least  four  inches  on  its  face  so  far  as  squared 
or  faced,  and  any  stump  or  tree  cut  off  and  squared  or  faced 
to  the  above  height  and  size. 

"Mill  site"  shall  mean  a  plot  of  ground  located,  as  defined 
by  this  Act,  for  the  purpose  of  erecting  thereon  any  machinery 
or  other  works  for  transporting,  crushing,  reducing,  or  sam- 
pling ores,  or  for  the  transmiiision  of  power  for  working  mines. 

"Streams"  shall  include  all  natural  watercourses,  whether 
usually  containing  water  or  not,  and  all  rivers,  creeks,  and 
"ulches. 

"Ditch"  shall  include  a  flume,  pipe,  or  race,  or  other  arti- 
ncial  means  for  conducting  water  by  its  own  weight,  to  be  used 
lor  mining  purposes. 

"Ditch-head"  shall  mean  the  point  in  a  natural  watercourse 
or  lake,  or  other  source,  where  water  is  first  taken  into  a  ditch. 

"Free  miner"  shall  mean  a  person  or  joint  stock  company, 
or  foreign  company,  named  in  and  lawfully  possessed  of  a  valid 
existing  free  miner's  certificate,  and  no  other. 

"Record,"  "register,"  and  "registration,"  shall  have  the 
same  meaning,  and  shall  mean  an  entry  in  some  official  book 
kept  for  that  purpose. 

"Full  interest"  shall  mean  any  mineral  claim  of  the  full  size, 
or  one  of  several  shares  into  which  a  mineral  claim  shall  be 
equally   divided. 

"Cause"   shall  include  any  suit  or  action. 

"Judgment"  shall  include  "order"  or  "decree." 

"Real  estate"  shall  mean  any  mineral  land  in  fee  simple 
under  this  or  any  Act  relating  to  gold  mines,  or  to  minerals 
'thcr  than  coal. 

'Joint  stock  company"  shall   mean  any  company  for   mining 

purposes. 

(a.)  Incorporated  under  the  "Companies'  Act,  1897,"  or  any 
Act  repealed  therebv;  or 


I 


I 


368 


BRITISH  COLUMBIA. 


(b.)    Registered   as   a   foreign    company    under    any    Act   re- 
pealed by  the  "Companies'  Act,  1897;"  or 

(c.)  Licensed  or  registered  as  an  extra-Provincial  company 
under  the  "Companies'  Act,   1897;"  or 

(d.)    Incorporated  by  any  special  Act. 

1897,  c.  28,  s.  2. 

T. 

FREE  MINERS  AND  THEIR  PRIVILEGES. 

WHO  MAY  BE  A  FREE  MINER.  Sec.  3.  Every  p-rson 
over,  but  not  under,  eighteen  years  of  age,  and  every  joint 
stock  company,  shall  be  entitled  to  all  the  rights  and  privileges 
of  a  free  miner,  and  shall  be  considered  a  free  miner  upon 
taking  out  a  free  miner's  certificate.  A  minor  who  shall  be- 
come a  free*  miner  shall,  as  regards  his  mining  property  and 
liabilities  contracted  in  connection  therewith,  be  treated  as  of 
full  age.  A  free  miner's  certificate  issued  to  a  joint  stock  com- 
pany shall  be  issued  in  its  corporate  name.  A  free  miner's  cer- 
tificate shall  not  be  transferable. 

LICENSES  TO  COMPANIES.  Sec.  3a.  Notwithstanding 
anything  to  the  contrary  in  section  4  of  the  "Mineral  Act. 
189^;,"  or  section  4  of  the  "Placer  Mining  Act,  1891,"  or  else- 
where in  the  said  Acts  or  other  the  mining  laws  of  the  Prov- 
ince, no  free  miner's  certificate  shall  be  issued  to  a  joint  stock 
company  for  a  longer  period  than  one  year,  and  such  certificate 
shall  date  from  the  30th  day  of  June  in  each  year;  and  every 
free  miner's  certificate  held  by  a  joint  stock  company  at  the 
passing  of  this  Act  shall  be  valid  and  existing  until  and  shall 
expire  on  the  30th  day  of  June,  1897.  Upon  applying  to  renew 
nny  such  certificate  on  or  before  said  30th  day  of  June,  the  joint 
stock  company  shall  be  entitled  to  a  rebate  of  a  proportionate 
amount  of  the  fee  paid  for  a  certificate  heretofore  issued  ac- 
cording to  the  further  time  for  which  it  would,  but  for  this 
section,   have  been  valid.     1897,  c.  2,   s.   161. 

DURATION  OF  CERTIFICATE.  Sec.  4.  A  free  miner's 
certificate  may  be  granted  for  one  or  more  years,  to  run  from 
the  date  thereof,  or  from  the  expirr.dou  of  the  appiicani's  then 
existing  certificate,  upon  the  payment  therefor  of  the  fees  set 
out  in  the  Schedule  of  Fees  to  this  Act.  Only  one  person  or 
one  joint  stock  company  shall  be  named  therein. 


MINING  LAWS. 


anding 
Act. 
else- 
Prov- 
stock 
•tificate 
every 
at  the 
d  shall 
renew 
e  joint 
tionate 
ed  ac- 
or  this 

in  {rem 

's  then 

fees  set 

Irson  or 


369 

A  free   miner's  cer- 


FORM    OF    CERTIFICATE.      Sec.   5. 
tificate  shall  be  in  the  following  form: 

British    Columbia. — Free    Miner's    Certificate. — Not    transferable. 
Date Valid   for year... only.  No 

This  is  to  certify  that ,  of  has  paid  me  this 

day  the  sum  of   and  is  entitled  to  all  the  rights  and 

privi'eges  01  a  free  miner  for  year...   from  the  

day  of  ,,  18.... 


(Signature  of  Gold  Commissioner  or   Mining   Recorder,   as  the 
case  may  be.) 

APPLICATION  IN  ABSENCE  OF  RECORDER.  Sec.  6. 
If  any  person  or  joint  stock  company,  shall  apply  for  a  free 
miner's  certificate  at  the  Mining  Recorder's  office  during  his 
absence  and  shall  leave  the  fee  required  by  this  Act,  with  the 
officer  or  other  person  in  charge  of  the  said  office,  he  or  it 
shall  he  entitled  to  have  such  certificate  from  the  date  of  such 
application;  and  any  free  miner  shall  at  any  time  be  entitled 
to  obtain  a  free  miner's  certificate,  commencing  to  run  at  the 
expiration  of  his  then  existing  free  miner's  certificate,  provided 
that  when  he  applies  for  such  certificate  he  shall  produce  to 
the  Mining  Recorder,  or  in  case  of  his  absence  shall  leave  with 
the  officer  or  other  person  in  charge  of  the  Mining  Recorder's 
oflice,  such  existing  certificate. 

"SUBSTITUTED  CERTIFICATE."  Sec.  7.  If  any  free 
miner's  certificate  be  accidentally  destroyed  or  lost,  the  owner 
thereof  may,  on  payment  of  the  fees  set  out  in  the  Schedule  to 
this  Act.  have  a  true  copy  of  it,  signed  by  the  Mining  Recorder, 
or  otiier  person  by  whom  or  out  of  whose  office  the  original 
was  issued.  Every  such  copy  shall  be  marked  "substituted  cer- 
tincate,"  and  unless  some  material  irregularity  be  shown  in 
reelect  thereof,  every  original  or  substituted  free  miner's  cer- 
tificate shall  be  evidence  of  all  matters  therein  contained. 

PENALTY  FOR  MINING  WITHOUT  CERTIFICATE. 
Sec.  R.  Every  person  and  joint  stock  company  engaged  in  min- 
ing for  minerals  (other  than  coal)  shall  take  out  a  free  miner's 
certificate,  and  every  person  or  joint  stock  companv  who  mines 
ir  works  as  a  miner  in  any  mineral  claim,  mine  held  as  real 
<'state.  or  tunnel,  or  on  any  flume,  drain,  or  ditch,  without 
having  taken  out  and  obtained  such  certificate,  -hall,  on  convic- 
24 


■H 


HIV 


ill 


1  'i  I :» 


ili 


370 


BRITISH  COLUMBIA. 


tion  thereof  in  a  summary  way,  forfeit  and  pay  a  penalty  not 
exceeding  twenty- five  dollars,  besides  costs:  Provided,  always, 
that  nothing  herein  contained  shall  prejudice  the  right  to  col- 
lect wages  or  payment  for  work  done  by  any  person  who, 
through  not  being  a  free  miner,  has  rendered  himself  liable  to 
the  above  penalty. 

UNCERTIFICATED  PERSON  NOT  ENTITLED  TO  IN- 
TEREST   IN    MINING   PROPERTY,    ETC.    Sec.    9-    Subject 
to  the  proviso  hereinafter  stated,  no  person  or  joint  stock  com- 
pany shall  be  recognized  as  having  any  right  or  interest  in  or 
to  any  mineral  claim,  or  any  minerals  therein,  or  in  or  to  any 
water  right,  mining  ditch,  drain,  tunnel,  or  flume,  unless  he  or 
it   shall  have  a  free  miner's   certificate  unexpired.    And  on  the 
expiration  of  a  free  miner's  certificate  the   owner  thereof  shall 
absolutely  forfeit  all  his  rights  and  interests  in  or  to  any  min- 
eral claim,  and  all  and  any  minerals  therein,   and  in  or  to  any 
and   every   water  right,   mining  ditch,   drain,   tunnel,    or   flume, 
which  may  be  held  or  claimed  by  such  owner  of  such  expired 
free   miner's   certificate,   unless   such   owner   shall,   on  or   before 
the   day    following   the    expiration    of   such    certificate,    obtain  a 
new  free  miner's  certificate:   Provided,  nevertheless,  should  any 
co-owner   fail  to   keep  up  his   free  miner's  certificate,   such  fail- 
ure shall   not  cause  a  forfeiture   or   act  as   an   abandonment  of 
the   claim,   but   the   interest    of   the   co-owner   who   shall   fail  to 
ke'^p  up  bis  free  miner's   certificate   shall  ipso  facto,  be  and  be- 
come   vested   iit    his    co-owners    pro   rata,    according    to    their 
former    interests:    Provided,    nevertheless,  that  a   shareholder  in 
a  joint   stock  company   need   not  be  a  free   miner,  and,  though 
not  a  free  miner,  shall  be  entitled  to  buy,  sell,  hold,  or  dispo';e 
of   any    shares    therein:    And    provided,    also,    that    this    section 
shall  not  apply  to  mineral  claims  for  which  a  Crown  grant  has 
been  issued:    Provided,  always,   that  if  any  person   or  company 
shall    acquire,    by  purchase   or   otherwise,   any   mine   or  mineral 
claim,    ir  interest  therein,  and  it  shall  appear  that  some  person 
or   company   through   whom  he  or  it  claims  title  has  neglected 
to  take  out  or  keep  up  a  free  miner's  certificate,   according  to 
the  prv)visions  of  this  Act,   such  person  or  company  so  acquir- 
ing such  mine  or  mineral  claim,  or  interest  therein,  may,  within 
one    month     from   the    time   when    he   or   it    shall     first    acquire 
knowledge  theieof,  or  if  knowledge  already  acquired  within  one 
month   after  this  Act  becomes  law,  pay  to  the  Recorder  of  the. 


Min 

or  f( 

panj 

perse 

or  in 

been 

but  t 

Passa^ 

PA 
LIST. 
every  , 
01    niir 
license 
^ee,  an< 
person 
due  to 
tJie  recc 
°'  contri 
when  re<3 

to    pay    t 

*^ie  Reco 
quiry  to 

cense  fee 

^^oHector 

quired  to 

''^f.  such 

hundred  q 

;^e  unpaic 

•'"stice  of  1 

whekJ 

^ilK}^^    sj 

f^^^  of  hi, 

''''''  pros, 

^^hereon    tol 
;^^'^'-  than 

'T''  and  „1 

'■''^^^on  to 


MINING  LAWS. 
Mining  Division   in  which  fU       ,  •  ^^' 

or  fees  which  ought  7ouVu   "^"'"^  ^^'^'^^  >s   situate  th.  . 
Pany  in   default  2  at^Td    r/l^'  ""'  ^"^^  Pe  "oTo,  00^ 

LIST  ^,,  "^^^'SE    ^<^R    HMPLOYFT7Q 
PENALTY.    Sec    n     Tf 

P«ct.  and   m        .     *^  licensees,  and  also  fl  ''^'  '"served 

'"  ^°  ^"*^-  -nd  mine  such  goTd  3n7    f"^^   ^'^^  "^^t 

eoid  and  Sliver  shall  have 


■I    ;     < 


.3/2 


BRITISH  COLUMBIA. 


been,  or  shall  be,  reserved  to  the  Crown  and  its  licensees.  Ex- 
cepting out  of  all  the  above  description  of  lands  any  land 
occupied  by  any  building,  and  any  land  falling  within  the  cur- 
tilage of  any  dwelling  house,  and  any  orchard,  and  any  land 
for  the  time  being  actually  under  cultivation  and  any  land 
lawfully  occupied  for  mining  purposes  other  than  placer  min- 
ing, and  also  Indian  reservations  and  military  or  naval  reserva- 
tions: Provided  that  where  any  hydraulic  mining  works,  estal)- 
lished  in  accordance  with  the  "Placer  Mining  Act,  1891,"  have 
been  in  operation,  the  land  which  may  have  been  uncovered 
by  the  operation  of  such  works  shall  not  be  located  or  mined 
upon  by  any  free  miner  other  than  the  person  or  persons  carry- 
ing on  such  hydraulic  works  for  a  space  of  six  months  next 
after  the  same  shall  have  been  so  uncovered:  Provided  that  in 
the  event  of  such  entry  being  made  upon  lands  already  law- 
fully occupied  for  other  than  mining  purposes,  and  not  being 
a  portion  of  lands  granted  to  and  held  by  or  for  a  railway  com- 
pany under  any  railway  subsidy  Act  heretofore  or  to  be  here- 
after passed,  such  free  miner,  previously  to  such  entry,  shall 
give  adequate  security  to  che  satisfaction  of  the  Gold  Commis 
sioner  or  Mining  Recorder  for  any  loss  or  damages  which 
may  be  caused  by  such  entry;  and  provided  that,  after  such 
entry,  he  shall  make  full  compensation  to  the  occupant  or 
owner  of  such  lands  for  any  loss  or  damages  which  may  be 
caused  by  reason  of  sUch  entry;  such  compensation,  in  case  of 
dispute,  to  be  determined  by  the  court  having  jurisdiction  in 
mining  disptUes,  with  or  without  a  jury. 

RIGHT  TO  KILL  GAME.  Sec.  13.  Any  free  miner  shall 
be  at  liberty,  at  any  period  of  the  year,  while  actually  prospect 
ing  or  engaged  in  mining,  to  kill  game  for  his  own  use. 

"PLACER  MINING  ACT."  Sec.  14.  A  free  miner  shall 
have  all  the  rights  and  privileges  granted  to  free  miners  by 
the  "Placer  Mining  Act." 

SIZE  AND  FORM  OF  FREE  MINER'S  CLAIM.  Sec.  15 
Any  free  miner  desiring  to  locate  a  mineral  claim,  shall,  sub 
ject  to  the  provisions  of  this  Act  with  respect  to  land  which 
may  be  used  for  mining,  enter  upon  the  same  and  locate  a  plot 
of  ground  measuring,  where  possible  but  not  exceeding,  fifteen: 
hundred  feet  in  length  by  fifteen  hundred  feet  in  breadth,  in 
a3  nearly  as   possible   a   rectangular   form,   that   is   to   say:  .'M' 


HC 

ninrkei 

line  oj 

and  2, 

ceed  fij 

to  be  A 

shaJJ  be 

of  the  I 

tliere   si 

i^ost,"  t 

statemen 
the  Jine 
t'on  of  p 
and 
post." 

^n  tht 
posts  shall 
'"  writing, 
part  of  th| 

When 
"lark  the  , 
""cfJy  see] 
"'iclerbrusll 
""^^rbrushl 

^ase.  so  thi 

I ,    -^''^  Jocal 

'"  '^as   discT 

discovery 

''•'  ^"'•vevoJ 

h°f'ceof  \v 


^HNING  LAWS. 


angles  shall   be  right  an^.  ^73 

Jn  defining 'the  ,  )""  "«"  "<"  n«etS  K    """"°"  '° 

ground.  ""-«'-    of   i„.,„,„„„  •„,   .^h/'LrLnr."' 

HOW  STAKED   OUT     <; 

-'•" '"'"" "" '"'  o'  'He  liLt™  w.c'N*'"' 
«'  reck  nt  ,     '■'""  "'  '^8=1  Posts  or  /',,     "'"  ''"">»  "or 
°-  ''  the  initial  post.  ^  '  ^"^  ^  and  the 


iffP 


374 


BRITISH  COLUMBIA. 


EXAMPLES  OF  VARIOUS    MODES  OF    LAYING    OUT 


No.  2 

Post. 

750'   '■ 

750' 

I 

M 

I 

^4 

Discovery 
Post.  ^ 

> 

750'     c 

i   750' 

No.  2  Post. 
1 100'  400' 


No.  I  Post. 


No.  I  Post. 


No.  I  Post. 


It  shall  not  be  lawful  to  move  No.  i  post,  neither  shall  it  be 
lawful  to  move  No.  2  post,  except  for  the  correction  of  distance 
by  the  Provincial  Government  Surveyor.  Nos.  i  and  2  posts 
shall  govern  the  direction  of  one  side  of  the  claim. 

(a.)  The  holder  of  a  mineral  claim  shall  be  entitled  to  all 
minerals  which  may  lie  within  his  claim,  but  he  shall  not  be 
entitled  to  mine  outside  the  boundary  lines  of  his  claim  con- 
tinued vertically  downwards. 

(b.)  This  Act  shall  not  prejudice  the  rights  of  claim-owners 
nor  claim-holders  whose  claims  have  been  located  under  former 
Acts. 

(c.)  No  mineral  claim  of  the  full  size  shall  be  recorded  with 
out  the  application  being  accompanied  by  an  affidavit  or  solemn 
declaration  in  the  Form  S,  made  by  the  applicant  or  some  per- 
son on  his  behalf  cognizant  of  the  facts:  That  the  legal  notices 
and  posts  have  been  put  up;  that  mineral  has  been  found  in 
place  on  the  claim  proposed  to  be  recorded;  that  the  ground 
applied  for  is  unoccupied  by  any  other  person  as  a  mineral 
claim,  and  is  not  occupied  by  any  building,  or  any  land  falling 
within  the  curtilage  of  any  dwelling  house,  or  any  orchard,  or 
any  land  under  cultivation,  or  any  Indian  Reservation.  In  the  I 
said  declaration  shall  be  set  out  the  name  of  the  applicant,  the! 
number  and  date  of  his  free  miner's  certificate,  and  the  namfj 
of  the  place  where  the  said  certificate  was  issued,  and  the  dat«l 
of  the  location  of  the  claim.    The  words  written  on  No.  '  andj 


No, 
tinr 
spe< 

by  t 

be  r 
nam< 
an   a 

facts  ; 
miner 
posed 
pied  b 
any  bi 
dweJIin 
or  any 
set  out 
free  mi 
said  cer 
claim.    ' 
be  set  o 
*^e  posi 
I'oi'ndini 
'*  is  vac 
with  the 
f>y  the 
may  be 
^''anc  an( 

recorded. 

(d.) 
tor  of  a 

^'sions  of 
location, 
actually  ^ 

"'^re  has 

^^^  Provis 

^°rmalitif 
^''fed  to 
vicinity. 

.   LOCA t| 
^'°n  made 


If'S 


MINING  LAWS. 


375 


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\^[     . 
?Sl.    ' 

I  it  be 
istance 
8  posts 

to  all 

not  be 

im  con- 

-owners 
{ortncf 


No.  2  posts  shall  be  set  out  in  full,  and  as  accurate  a  descrip- 
tion as  possible  of  the  position  of  the  claim  given,  having 
special  reference  to  any  prior  locations  which  it  may  join. 

No  mineral  claim  which  at  the  date  of  its  record  is  known 
by  the  locator  to  be  less  than  a  full  sized  mineral  claim,  shall 
be   recorded    without    the   word    "fraction"    being   added    to   the 
name  of  the  claim,  and  the  application  being  accompanied  by 
an    affidavit   or   solemn   declaration    in    the    Form   T,    made   by 
the   applicant   or   some   person   on   his   behalf   cognizant   of   ttie 
facts:  That  the  legal  posts  and  notices  have  been  put  up;  that 
mineral   has   been   found   in   place   on   the   fractional    claim    pro- 
posed  to  be   recorded;   that   the  ground  applied  for  is  unoccu- 
pied by  any  person  as  a  mineral  claim,  and  is  not  occupied  by 
any  buildinm   or  any   land   falling  within   the  curtilage   of   any 
dwelling  hol|e,  or  any  orchard,  or  any  land  under  cultivation, 
or  any    Indian    Reservation.    In    the   said    declaration    shall    be 
set  out  the  name  of  the  applicant,  the  number  and  date  of  his 
free   miner's   certificate,   and   the   name   of  the   place   where   the 
said  certificate  was  issued,  and  the  date  of  the  location  of  the 
claim.    The  words  written  on  the   No.   i   and  No.  2  posts   shall 
be  set  out  in  full,  and  as  accurate  a  description  as  possible  of 
the   position   of   the   claim    given.       A    description   of   the    land 
bounding  the  fractional   claim   on   all   sides   shall   state   whether 
it  is  vacant   Crown   land   or   land   occupied   by  mineral   claims, 
with  the   names   of  the  claims.    A   sketch   plan   shall    be   drawn 
by  the  applicant   on   back   of   declaration,   showing   as   near   as 
may  be  the  position  of  the  adjoining   mineral  claims,    and   the 
shape  and  size,  expressed  in  feet,  of  the  fraction  desired  to  be 
recorded. 

(d.)  1897.  Provided  that  the  failure  on  the  part  of  the  loca- 
tor of  a  mineral  claim  to  comply  with  any  of  the  foregoing  pro- 
visions of  this  section  shall  not  be  deemed  to  invalidate  such 
location,  if  upon  the  facts  it  shall  appear  that  such  locator  has 
actually  discovered  mineral  in  place  on  said  location,  and  that 
there  has  been  c\  y.'s  part  a  bona  fide  attempt  to  comply  with 
the  provisions  o-'  this  Act,  and  that  the  non-observance  of  the 
formalities  herein  hefor-  referred  to  is  not  of  a  character  calcu- 
lated to  mislead  o:her  persons  desiring  to  locate  claims  in  the 
vicinity. 

LOCATION  MADE  ON  SUNDAY.  Sec.  17.  Any  loca- 
tion made  upon  Sunday  or  any  public  holiday  shall  not  for  that 


I'  <v 


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IMAGE  EVALUATION 
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WnSTEk.N.       45M 

(716)S72-4S03 


376 


BRITISH  COLUMBIA. 


reason  be  invalid,  any  law  or  statute  to  the  contrary  notwith- 
standing. 

WHERE  STAKING  OUT  CANNOT  BE  PROPERLY 
DONE.  Sec.  zS.  In  cases  where,  from  the  nature  or  shape  of 
the  ground,  it  is  impossible  to  mark  the  location  line  of  the 
claim,  as  provided  by  this  Act,  then  the  claim  may  be  marked 
by  placing  legal  posts  as  nearly  as  possible  to  the  location  line, 
and  noting  the  distance  and  direction  such  posts  may  be  from 
such  location  line,  which  distance  and  direction  shall  be  set 
out  in  the  record  of  the  claim. 

RECORD  OF  CLAIM.    Sec.   19.    Every  free  miner  locating 
a  mineral   claim   shall   record  the   same   with   the   Miring   Re- 
corder of  the  district  within  which  the  same  is  situate,  within 
fifteen  days  after  the  location  thereof,  if  located  within  ten  miles 
of  the  office  of  the  said  Mining  Recorder.    One  additional  day 
shall  be  allowed  lor  such  record  for  every  addditional  ten  miles 
or  fraction  thereof.    Such  record  shall  be  made  in  a  book  to  be 
kept  for  the  purpose  in  the  office  of  the  said  Mining  Recorder, 
in  which  shall  be  inserted  the  name  of  the  claim,  the  name  of 
each  locator,  the  number  of  each  locator's  free  miner's  certiA- 
cate,  the  locality  of  the  mine,  the  direction  of  the  location  line, 
the  length  in  feet,  the  date  of  location,   and   the  date  of  the 
record.    Such  record  shall  be,  as  neat  as  may  be  possible,  in  the 
form  B  in  the  Schedule  to  this  Act,  and  a  certified  copy  thereof 
shall  be  given  by  the  Mining  Recorder  to  the  free  miner  or  his 
agent.    A  claim  which  shall  not  have  been  recorded  within  tiie 
prescribed   period    shall   be    deemed   to    have   been   abandoned. 

WHEN  A  FREE  MINER  IS  ENTITLED  TO  RECORD. 
Sec.  20.  A  free  miner  shall  not  be  entitled  to  a  record  of  a 
mineral  claim  until  he  shall  have  furnished  the  said  Mining  Re- 
corder with  all  the  above  particulars. 

MINING  RECORDER'S  OFFICE.  Sec.  ai.  Upon  the 
establishment  of  a  mining  division  and  the  opening  of  a  Mining 
Recorder's  Office  therein,  under  the  authority  of  this  Act,  such 
office  and  none  other  shall  be  the  proper  office  for  recording 
all  mineral  claims  within  such  mining  division,  and  making 
all  records  in  respect  thereof. 

RECORDING  CLAIM  IN  WRONG  DISTRICT.  Sec.  22. 
If  through  ignorance  any  free  miner  shall  record  a  mineral 
claim  in  a  different  mining  division  to  that  in  which  such  claim 


A 

ABS 

ing  J 

claim, 

to  be 

partial 

corder 

'n  chaj 

dated  ( 

DUJ 
HOLD 
and  rec( 

for  the  ^ 

tlience 

ing;    Pr 

ceeding 

^ork  on 

and  sha] 

that  sucl: 

°r  his  ag 

shall  obtJ 

^"fl    shall 
done;    pT 

'^'^    claiJ 
^ork  haJ 
"^.'aim,  be 
*'°ner  or  I 
!°  be  woj 
•'■^e  miner 
/''"    clai, 
'.'"''    recorJ 
,;"  partner/ 
f"""?  in  f] 
"on  with 

n''^  to  pi 


MINING  LAWS. 


in 


H 
oi 
;he 
ced 

AC, 

:oin 
set 

iting 
Rc- 

ithtn 
miles 
\  day 
miles 
to  be 
jordet, 
ime  oi 
icertift- 
n  Une, 

oi  the 
I  in  the 

thereoi 

or  his 

lin  the 

idoned. 

ICORD. 
rd  oi  a 
ling  R«' 

)on  the 

Mining 

let,  such 

jcordinK 

xnaking 

Sec.  ^ 

miner*' 

Ich  cUiiB 


is  situate,  such  error  shall  not  aflect  his  title  to  such  claim, 
but  he  shall,  within  fifteen  days  from  the  discovery  of  his  error, 
record  such  claim  in  the  mining  division  in  which  it  is  situate, 
and  such  new  record  shall  bear  the  date  of  the  first  record,  and 
a  note  shall  be  made  thereon  of  the  error  and  of  the  date  of 
the  rectification  of  the  same. 

APPLICATION  AT  RECORDER'S  OFFICE  IN  HIS 
ABSENCE.  Sec.  2Z.  If  a  free  miner  applies  at  the  Min- 
ing Recorder's  OfHce  during  his  absence  to  record  a  mining 
claim,  or  any  document  or  other  matter  required  by  this  Act 
to  be  recorded,  and  leaves  the  fee  required  by  this  Act,  and  the 
particulars  and  information  required  to  enable  the  Mining  Re- 
corder to  make  such  record,  with  the  officer  or  other  person 
in  charge  of  said  office,  he  shall  be  entitled  to  have  such  record 
dated  on  the  date  of  such  application. 

DURATION     OF    CLAIM   AND    DUTIES    OF  CLAIM 
HOLDER.    Sec.  24.    1897.    Any  free  miner  having  duly  located 
and  recorded  a  mineral  claim  shall  be  entitled  to  hold  the  same 
for  the  period  of  one  year  from  the  recording  of  the  same,  and 
thence   from   year   to   year   without   the    necessity   of   re-record- 
ing:   Provided,  however,   that  during  each  year  and  each   suc- 
ceeding year,   such   free   miner  shall  do,   or  cause  to   be   done, 
work  on  the  claim  itself  to  the  value  of  one  hundred  dollars, 
and  shall   satisfy  the   Gold   Commissioner  or   Mining   Recorder 
that  such  work  has  been  done,  by  an  affidavit  of  the  free  miner 
or  his  agent,  setting  out  a  detailed  statement  of  such  work,  and 
shall  obtain  from  such  Gold  Commissioner  or  Mining  Recorder, 
and    shall    record    a    certificate    of    such    work    having    been 
done:    Provided,  also,  that    all    work    done    outside    of    a  min- 
eral   claim    with    intent    to     work    the     same     shall,    if    such 
work  have   direct   relation   and   be   in    direct   proximity   to    the 
claim,  be  deemed,   if  to   the  satisfaction  of  the   Gold   Commis- 
sioner or   Mining  Recorder,   for  the   purposes  of  this   section, 
to  be   work    done   on   the   claim:     Provided,    further,    that   any 
•ree  miner,  or  company  of  free  miners  holding  adjoining  min- 
^nl    claims,    or    any   two   or    more    free     miners     who     locate 
3nd    record   adjoining    mineral   claims,   to   be  worked   by  them 
•n  partnership  under  the  provisions   of  any  Act  for  the  time 
hieing  in  force,   shall,  subject  to  filing  a  notice  of  their  inten- 
tion with  the  Gold  Commissioner  or  Mining  Recorder,   be  al- 
1  lowed  to  perform  on  any  one  or  more  of  such   claims  all  the 


3/8 


BRITISH  COLUMBIA. 


work  required  to  entitle  him  or  them  to  a  certificate  for  work 
for  each  claim  so  held  by  htm  or  them.  If  such  work  shall 
not  be  done,  or  if  such  certificate  shall  not  be  so  obtained  and 
recorded,  in  each  and  every  year,  the  claim  shall  be  deemed 
vacant  and  abandoned,  any  rule  of  law  or  equity  to  the  con- 
trary notwithstanding. 

LODES  UNDER  ALLUVIAL  DEPOSIT.  Sec.  24a. 
When  a  lode  is  supposed  to  cross  a  valley  or  under  an  allu- 
vial deposit,  and  where  such  lode  is  indicated  by  its  appear- 
ance on  the  side  of  the  mountain  leading  into  such  valley,  any 
free  miner  upon  making  a  sworn  statement  before  the  Mining 
Recorder  or  Gold  Commissioner  of  the  District  that  there  is 
a  lode  which  has  indications  of  running  through  and  under 
such  alluvial  deposit,  shall  be  entitled  to  a  permit  for  three 
months  to  search  for  such  lode  over  the  area  of  a  mineral 
claim,  with  the  privilege  of  having  such  permit  extended,  on 
his  proving  to  the  satisfaction  of  the  Gold  Commissioner  that 
he  has  bona  fide  searched  for  such  lode  and  has  expended, 
either  in  cash  or  labor,  or  both,  not  less  than  one  hundred 
dollars  in  such  search.  During  the  existence  of  such  permit 
the  ground  covered  by  the  same  shall  not  be  open  to  record 
by  any  other  miner.  The  fee  for  such  permit,  and  each  re- 
newal of  the  same,  shall  be  the  same  as  the  fee  for  a  record. 
i397,  c.  28,  s.   13. 

PAYMENT  INSTEAD  OF  ASSESSMENT  WORK.  Sec. 
^5.  The  holder  of  a  mineral  claim  may,  in  lieu  of  the  work  re- 
quired to  be  done  by  section  24  of  this  Act,  on  a  claim  in  each 
year,  pay  to  the  Mining  Recorder  in  whose  office  the  claim 
is  recorded  the  sum  of  one  hundred  dollars  and  receive  from 
such  Recorder  and  record  a  receipt  for  such  payment.  Such 
payment  and  the  record  thereof  in  any  year  shall  relieve  the 
person  making  it  from  the  necessity  of  doing  any  work  during 
the  year  in  and  for  which  and  upon  the  claim  in  respect  of 
which  such  payment  is  recorded. 

SURFACE  RIGHTS.  Sec.  26.  1897.  Notwithstanding  any- 
thing to  the  contrary  contained  in  any  Act,  every  Crown  Grant 
hereafter  issned  of  a  mineral  claim  shall  convey,  and  be  deemed 
to  convey,  only  the  right  to  the  use  and  possession  of  the  sur- 
face of  such  claim,  including  the  use  of  all  the  timber  thereon, 
for  the  purpose  of  winning  and  getting  from  and  out  of  suchj 


clain: 

conn( 

lawfu 

ance 

no  ot 

to  be 

of  as  i 

but  SI 

i8a7.  c 

PR] 

pute  at 
shall  b 
subject 
and  sul 
all  the 

IRR] 

GATE  i 

to  any 

the  date 

the  tifle 

the  title 

Attorney 

ONLl 
Sec.    sg, 

name,  or 
«ral  clain 
such  free 
rate  vein 

ABAN 

^iner  ma 
notice  in 
Recorder, 
'"nterest   o: 

MACH 
When  a  f 
tlie  right 
'""al  prop 
«iy  ore  wl 
Jjme  as  sh 
•^fcorder. 


MINING  LAWS. 


379 


claim  the  minerals  contained  therein,  including  all  operations 
connected  therewith  or  with  the  business  of  mining,  and  the 
lawful  holder  by  record  of  a  claim  shall,  during  the  continu- 
ance of  his  record,  be  entitled  to  the  same  surface  rights  and 
no  others,  and  all  remaining  surface  rights  shall  be  deemed 
to  be  vested  in  the  Crown,  and  may  be  granted  and  disposed 
of  as  is  provided  by  the  Land  Laws  for  the  time  being  in  force, 
but  subject  always  to  the  rights  of  free  miners  as  aforesaid. 
i8g7,  c.  a8,  s.  6. 

PRIORITY  OF  LOCATION.  Sec.  a;.  In  case  of  any  dis- 
pute as  to  the  location  of  a  mineral  claim  the  title  to  the  claim 
shall  be  recognized  according  to  the  priority  of  such  location, 
subject  to  any  question  as  to  the  validity  of  the  record  itself, 
and  subject,  further,  to  the  free  miner  having  complied  with 
all  the  terms  and  conditions  of  this  act. 

IRREGULARITIES  PREVIOUS  TO  LAST  CERTIFI- 
CATE OF  TITLE.  Sec.  28.  Upon  any  dispute  as  to  the  title 
to  any  mineral  claim  no  irregularity  happening  previous  to 
the  date  of  the  record  of  the  last  certificate  of  work  shall  affect 
the  title  thereto,  and  it  shall  be  assumed  that  up  to  that  date 
the  title  to  such  claim  was  perfect,  except  upon  suit  by  the 
Attorney-General  based  upon  fraud. 

ONLY  ONE  CLAIM  TO  BE  HELD  BY  FREE  MINER. 
Sec.  29.  No  free  miner  shall  be  entitled  to  hold  in  his  own 
name,  or  in  the  name  of  any  other  person,  more  than  one  min- 
eral claim  on  the  same  vein  or  lode,  except  by  purchase,  but 
such  free  miner  may  hold  by  location  .1  claim  upon  any  sepa- 
rate vein  or  lode. 

ABANDONMENT  OF  CLAIM.  Sec.  30,  1897.  A  free 
miner  may  at  any  time  abandon  any  mineral  claim  by  giving 
notice  in  writing  of  such  intention  to  abandon  to  the  Mining 
Recorder,  and  from  the  date  of  the  record  of  such  notice  all 
interest   of   such   free   miner  in    such   claim   shall  cease. 

MACHINERY  ON  ABANDONED  CLAIM.  Sec.  31. 
When  a  free  miner  abandons  a  mineral  claim  he  shall  have 
the  right  to  take  from  the  same  any  machinery  and  any  per- 
sonal property  which  he  may  have  placed  on  the  claim,  and 
any  ore  which  he  may  have  extracted  therefrom,  within  such 
time  as  shall  be  fixed  by  the  Gold  Commissioner  or  Mining 
Recorder. 


1 1/    i 


f  I 


ii  i 


38o 


BRITISH  COLUMBIA. 


RE-LOCATION  OF  ABANDONED  CLAIM.  Sec.  32. 
No  free  miner  shall  be  entitled  to  re-locate  any  mineral  claim, 
or  any  portion  thereof,  which  he  shall  have  failed  to  record 
within  the  prescribed  period,  or  which  he  shall  have  aban- 
doned or  forfeited,  unless  he  shall  have  obtained  the  written 
permission  of  the  Gold  Commissioner  to  make  such  re-loca- 
tion; and  he  shall  hold  no  interest  in  any  portion  of  such  min- 
eral claim,  by  location,  without  such  permission. 

RIGHT  TO  LODES  DISCOVERED  IN  A  TUNNEL. 
Sec.  33.  Where  a  tunnel  is  run  for  the  development  of  a  vein 
or  lode  the  owner  of  such  tunnel  shall,  in  addition  to  any 
mineral  claim  legally  held  by  him,  have  the  right  to  all  veins 
or  lodes  discovered  in  such  tunnel:  Provided  that  the  ground 
containing  such  veins  or  lodes  be  marked  out  by  him  as  a 
mineral  claim,  and  be  duly  recorded  within  fifteen  days  after 
such  discovery;  and  provided  further,  that  such  veins  or  lodes 
are  not  included  in  any  existing  mineral  claim.  Any  money 
or  labor  expended  in  constructing  a  tunnel  to  develop  a  vein 
or  lode  shall  be  deemed  to  have  been  expended  on  such  vein 
or  lode. 

INTEREST  IN  CLAIM  A  CHATTEL  INTEREST.  Sec. 
34.  The  interest  of  a  free  miner  in  his  mineral  claim  shall, 
save  as  to  claims  held  as  real  estate,  be  deemed  to  be  a  chat- 
tel interest,  equivalent  to  a  lease,  for  one  year,  and  thence 
from  year  to  year,  subject  to  the  performance  and  observance 
of  all  the  terms  and  conditions  of  this  act. 

PURCHASE  OF  MINERAL  CLAIM.  Sec.  35-  Any  law- 
ful holder  of  a  mineral  claim  shall  be  entitled  to  a  Crown 
grant  thereof  on  payment  to  the  Government  of  British  Co- 
lumbia of  the  sum  of  five  hundred  dollars  in  lieu  of  expenditure 
on  the  claim.  The  intending  purchaser  shall  comply  with  all 
the  provisions  of  section  36  of  this  act,  except  such  as  have 
respect  solely  to  the  work  required  to  be  done  on  claims. 

WHEN  ENTITLED  TO  CERTIFICATE  OF  IMPROVE- 
MENTS. Sec.  36.  Whenever  the  lawful  holder  of  a  mineral 
claim  shall  have  complied  with  the  following  requirements, 
to  the  satisfaction  of  the  Gold  Commissioner,  he  shall  be  en- 
titled to  receive  from  the  Gold  Commissioner  a  certificate  of 
improvements  in  respect  of  such  claim,  unless  proceedings  by 
the  person  claiming  an  adverse  right  under  section  37  of  this 
Act  have  been  taken. 


(a. 
self  ij 
exclui 
For  t 
a  pred 
been   ( 
claim. 
Cb.) 
(c.) 
Land  S 
and  wh 
aries    o 
corners 
thereof, 
by  him 
the  corn 
Pletion    ( 
and  plan 
a  certific 
claim  so 
the  groun 
describe  t 
as  aforesa 
*'fied  in  a, 
'°  all  Cot 
purport  to 
,    «•)    Sh 
'3nd  embn 
'nd  a  leg,- 
to  this    Ac 

provements 
Aiming  Re( 

('■)    The 

(^■)    The 

../^•>    The 
'•ficate. 

,      ^4.)    His 
«  the  end 
I  Jrant. 

^S-)    The 


MINING  LAWS. 


.  dU.!.  "^    "''"  »'  *"  »«'io„.   work  5!        '  ™P™ven..ms. 
y   .h.  .pp„e.„.   „,„  „^^.^^  ^   ^d«™.d  to  have 

claim  so    S^tj?";"-""""    h"    Jued  ■^•"^el"::;'-  /"" 

'  (   ^J'  "»"«  of  the  claim.  "  """'  ""tain- 

'•ficate.  "'  ^"*^'^  holder's  existing  free  «,•      . 

^4 )    Wio   .  .  miner's  cer- 


BRITISH  COLUMBIA, 


Columbia  Gazette  and  in  any  newspaper  published  in  the  Prov- 
ince, and  circulating  in  the  district  in  which  the  claim  is  sit- 
uate,  for  at  least  sixty  days  prior  to  such  application,  which  in- 
sertion can  be  made  at  any  time  after  the  posting  of  the  no- 
tice on  the  claim. 

(f.)  Shall  have  filed  with  the  Mining  Recorder  a  copy  of 
the  surveyor's  original  field-notes  and  plat  immediately  after 
posting  the  notice  on  the  claim  of  his  intention  to  apply  for 
a   certificate   of   improvements. 

(g.)    Filed  with   the   Mining   Recorder — 

(i.)  Affidavit  of  the  holder  of  the  claim,  or  his  agent,  in 
the  Form  G  in  Schedule  of  this  Act. 

(h.)  At  the  expiration  of  the  term  of  the  said  publication, 
provided  no  action  shall  have  been  commenced  and  notice 
thereof  filed  with  the  Mining  Recorder,  he  shall  forward  to 
the  owner  or  agent,  under  Form  I  of  the  Schedule  to  this  Act 
the  documents  referred  to  above,  together  with  a  certificate 
that  the  notice  provided  by  section  36,  sub-section  (d),  has 
been  posted  in  his  office,  and  the  field-notes  and  plan  depos- 
ited for  reference  therein  from  the  date  of  the  first  appearance 
of  the  said  notice  in  the  British  Columbia  Gazette  and  con- 
tinuously therefrom  for  a  period  of  at  least  sixty  days.  The 
Recorder  shall  also  set  out  in  Form  I  the  name  of  the  record- 
ed owner  of  the  claim  at  the  date  of  signing  the  same. 

COST  OF  SURVEY  COUNTED  AS  WORK  DONE  ON 
CLAIM.  Sec.  36a.  The  owner  of  a  mineral  claim  who 
has  had  his  claim  surveyed  within  one  year  from  the  date  of 
the  record  of  the  claim,  or  if  the  claim  was  recorded  before 
the  passing  of  this  Act,  then  if  surveyed  within  one  year  from 
the  passing  of  this  Act,  and  has  filed  in  the  office  of  the  Min- 
ing Recorder  in  the  Mining  Division  in  which  the  claim  is 
situated,  a  declaration  by  a  Provincial  Land  Surveyor,  stating 
that  he  has  surveyed  the  claim  as  required  by  sub-section  (c) 
of  section  36  of  the  "Mineral  Act,"  and  that  he  has  delivered 
two  plats  of  the  claim  and  a  copy  of  the  original  field-notes  to 
the  owner  of  such  claim,  then  the  owner  of  such  claim  shall 
be  entitled  to  have  the  cost  of  such  survey,  not  to  exceed  one 
hundred  dollars,  counted  as  work  done  on  the  claim.  i897* 
c.  flSl.  s.  II. 

CERTIFICATE     NOT      IMPEACHED      EXCEPT    FOR 
FRAUD.    Sec.    37-    (i.)    A    certificate    of    improvements   when 


kind, 
the    , 
there 
sixty 
zette 
time 
cause 
Court 
ri,7ht   1 
sliaJ]  fi 
corder 
claim    i 
of  said 
able  diJj 
or  so  to 

tiff's     c]j 

m  the  sa 
to  the  p 
certified 
After   th( 
with  all 
person  oj 
^hem  of 
Of  the  po 

^'on  shaJi 
enforce  th 
'"?  into  i 
'Wanner  as 

ONUS 
person  sha 
^ny  Jcind 
^"y  part  t] 
''^s  been  j] 

'°'  ^^mpul 
'"•^t'on  anj 
'"?  of  suci 


MINING   LAWS. 


383 


FOR 

ts   >«^*" 


issued   as   aforesaid   shall   not   be   impeached   in   any   court   on 
.  ny  ground  except  that  of  fraud. 

(2.)    In  case  any  person  shall  claim  an  adverse  right  of  any 
kind,  either  to  possession  of  the  mineral  claim  referred  to  in 
the   application   for    certificate    of     improvements    or    any     part 
thereof,  or  to  the  minerals  contained  therein,   he   shall,   within 
sixty  days  after  the  publication   in  the   British   Columbia   Ga- 
zette of  the  notice  referred  to  in  section  36  hereof  (unless  such 
time   shall    be   extended   by   special   order   of   the   court    upon 
cause    being    shown),    commence    an     action    in    the     Supreme 
Court    of   British    Columbia   to   determine   the   question   of   the 
ri,:;ht  of  possession   or  otherwise   enforce  his   said   claim,   and 
shall  file  a  copy  of  the  writ  in  said  action  with  the  Mining  Re- 
corder   of  the   district  or   mining   division   in   which   the    said 
claim   is  situate   within  twenty  days  from  the   commencement 
of  said  action,  and  shall  prosecute  the  said  suit  with  reason- 
able diligence  to  final  judgment,  and  a  failure  to  so  commence 
or  so  to  prosecute  shall  be  deemed  to  be  a  waiver  of  the  plain- 
tiff's   claim.    After    final    iudgment    shall    have-    been    rendered 
in  the  said  action  the  person  or  any  one  of  the  persons  entitled 
to  the  possession  of  the  claim  or  any  part  thereof,  may  tile  a 
certified  copy  of  the  same  in  the  office  of  the  Mining  Recorder. 
After   the   filing   of   the    said    judgment,    and    upon   compliance 
with  all  the  requirements  of  the  next  preceding   section,   such 
person  or  persons  shall   be  entitled  to  the  issue  to  him  or  to 
them  of  a  certificate  of  improvements  in  respect  of  the  claim 
or  the  portion  thereof  which  he  or  they  shall  appear  from  the 
decision  of  the  Court  rightly  to  possess:  Provided  that  this  sec- 
tion shall  not   apply  to   any   adverse   claim   filed   or  action   to 
enforce  the  same  commenced  prior  to  the  date  of  this  Act  com- 
ing into  force,   but  the  same  shall   be  continued  in  the  same 
manner  as  if  this  act  had  not  been  passed. 

ONUS  OF  PROOF  ON  CLAIMANT.  Sec.  37a.  If  any 
person  shall  in  any  suit  or  matter  claim  an  adverse  right  of 
any  kind  to  the  mineral  claim  comprised  in  any  record,  or  to 
any  part  thereof,  or  shall  claim  that  any  record  is  invalid  or 
lias  been  improperly  obtained,  or  that  the  holder  thereof  has 
not  complied  with  the  provisions  of  the  Act  under  which  the 
location  and  record  were  made,  or  has  not  prior  to  the  obtain- 
ing of  such  record  made  a  good  and  valid  location  of  such 
mineral  claim  according  to  law,  the  onus  of  proof  thereof  shall 


aB4 


BRITISH  COLUMBIA. 


be  on  the  person  so  claiming  an  adverse  right,  or  so  claiming 
that  such  record  is  invalid  and  has  been  improperly  obtained 
as  aforesaid,  and  in  default  of  such  proof  judgment  shall  be 
ffiven  for  the  holder  of  such  prior  record  in  so  far  as  such 
action,  suit  or  matter  relates  to  any  of  the  matters  aforesaid. 
1897,  c.  28,  s.   15. 

EFFECT  OF  CERTIFICATE  OF  IMPROVEMENTS. 
Sec.  18.  After  the  issuing  and  recording  of  such  certificate 
of  improvements,  and  while  such  certificate  shall  be  in  force 
it  shall  not  be  necessary  to  do  any  work  on  such  claim. 

WHEN  ENTITLED  TO  CROWN  GRANT.  Sec.  39-  On 
the  granting  and  recording  of  such  certificate  of  improvements 
in  respect  to  a  mineral  claim  situate  outside  of  the  Railway 
Belt,  the  holder  thereof  shall  be  entitled  to  a  Crown  grant 
of  such  claim  without  the  payment  of  the  five  hundred  dollars 
required  by  section  35.  And  on  the  granting  and  recording  of 
such  certificate  of  improvements  in  respect  of  a  mineral  claim 
situate  inside  the  Railway  Belt,  the  holder  thereof  shall  be  en- 
titled to  a  Crown  grant  of  such  claim  on  the  payment  of  five 
dollars  per  acre  to  the  Mining  Recorder. 

APPLICATION  FOR  CROWN  GRANT.  Sec.  40.  The 
holder  of  a  mineral  claim  for  which  a  certificate  of  improve- 
ments has  been  granted  and  recorded  shall  make  application 
for  a  Crown  grant  to  the  Gold  Commissioner,  enclosing  his 
certificate  of  improvements,  the  Crown  grant  fee  of  five  dol- 
lars, the  Mining  Recorder's  certificate,  Form  I,  the  field-notes 
and  plat,  and  the  affidavit.  Form  G,  within  three  months  from 
the  date  of  such  certificate  of  improvements,  and  in  default  of 
such  application  having  been  made  within  such  time  such  cer- 
tificate of  improvements  shall  lapse  and  become  absolutely 
void. 

TRANSFER  AFTER  APPLICATION.  Sec.  41.  If  the 
holder  of  a  mineral  claim,  after  applying  for  a  certificate  of 
improvements,  shall  sell  and  transfer  such  claim  to  another 
free  miner,  upon  satisfactory  proof  of  such  sale  and  transfer 
being  made  to  the  Gold  Commissioner,  the  new  holder  of  thej 
claim  shall  be  entitled  to  a  certificate  of  improvements  in  hisi 
own  name.  And  if  a  sale  and  transfer  shall  be  made  to  any 
person  or  company  after  a  certificate  of  improvements  shall 
have  been  issued,  upon  proper  proof  of  such  sale  and  transfer] 


MINING  LAWS. 


jfiS 


The 
iprove- 
[ication 

re  doV 
|d-note» 

IS  from 
fault  oi 
Ich  cer- 
iolutely 

llf  the 
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ol  the 
in  his 

to  any 

Its  shall! 
Itrans^rt] 


being  made  to  the  satisfaction  of  the  Chief  Commissioner  of 
Lands  and  Works,  the  Crown  grant  shall  issue  to  the  new 
holder  of  the  claim. 

NOT  TO  TRANSFER,  WHEN.  Sec.  4a.  When  a  holder 
of  a  mineral  claim  has  taken  out  his  certificate  of  improve- 
ments he  shall  not  record  any  transfer  of  his  rights  in  the  said 
claim  until  he  obtains  his  Crown  grant. 

CROWN  GRANT  DOES  NOT  INVALIDATE  A  LIEN. 
Sec.  43.  The  issuance  of  a  Crown  grant  shall  not  invalidate 
any  lien  which  may  have  attached  to  any  mineral  claim  pre- 
vious to  the  issuance  of  such  Crown  grant. 

WHAT  PASSES  BY  CROWN  GRANT  ON  WASTE 
LAND.  Sec.  44.  A  Crown  grant  of  a  mineral  claim  located 
on  any  waste  lands  of  the  Crown  shall  be  deemed  to  transfer 
and  pass  the  right  to  all  minerafs  within  the  meaning  of  this 
Act  (excepting  coal)  found  in  veins,  lodes,  or  rock  in  place, 
and  whether  such  minerals  are  found  separately  or  in  combina- 
tion with  each  other,  in,  upon,  or  under  the  land  in  the  said 
Crown  grant  mentioned. 

WHAT  PASSES  BY  CROWN  GRANT  WHEN  ALL 
MINERALS  (SAVE  COAL)  HAVE  BEEN  RESERVED. 
Sec.  45.  Crown  grants  of  mineral  claims  located  on  lawfully 
occupied  land  the  right  whereon  to  enter,  prospect,  and 
mine  all  minerals  (other  than  coal)  has  been  reserved  to  the 
Crown  and  its  licensees,  shall  pass  to  the  grantee  all  min- 
erals within  the  meaning  of  this  Act  (other  than  coal)  found 
in  veins  or  lodes,  or  rock  in  place,  and  whether  such  min- 
erals are  found  separately  or  in  combination  with  each  other, 
which  may  be  in,  upon,  or  under  the  land  in  the  said  Crown 
grant  mentioned,  and  including  all  the  rights  given  to  mineral 
claim  holders  of  mineral  claims  so  located,  but  such  Crown 
grant  shall  expressly  reserve  the  rights  of  such  prior  occu- 
pant. 

(Where  the  mineral  claim  is  located  on  land  lawfully  oc- 
cupied under  a  timber  lease,  the  Crown  grant  shall  convey 
the  surface  and  minerals  within  the  meaning  of  this  act  (save 
coal)  found  in  veins  or  lodes,  or  rock  in  place,  but  shall  re- 
serve the  timber. 

WHAT  PASSES  BY  CROWN  GRANT  WHEN  GOLD 
AND  SILVER  HAS  BEEN    RESERVED.    Sec.    46.    Crown 


if 


25 


386 


BRITISH  COLUMBIA. 


grants  of  mineral  claims  located  on  lawfuU^  occupied  lands, 
the  right  whereon  to  enter  and  mine  gold  and  silver  has  been 
reserved  to  the  Crown  and  its  licensees,  shall  pass  to  the 
grantee  all  the  gold  and  silver  found  in  veins,  or  lodes, 
or  rock  in  place,  which  may  be  in,  upon,  or  under  the  land 
in  the  said  Crown  grant  mentioned,  and  including  all  the 
rights  given  to  mineral  claim  holders  of  mineral  claims  so  lo- 
cated; but  such  Crown  grant  shall  expressly  reserve  the  rights 
of  such  prior  occupant. 

PURCHASE  BY  CROWN  GRANTEE  OF  MINERAL 
CLAIM  OF  SURFACE  RIGHTS  ON  WASTE  LANDS. 
Sec.  46a.  The  lawful  holder  of  a  Crown  grant  of  a  mineral 
claim  issued  under  the  provisions  of  this  Act  shall,  in  cases 
where  such  mineral  claim  has  been  located  on  waste  lands  of 
the  Crown  or  on  lands  not  already  lawfully  occupied  for  other 
than  mining  purposes,  be  entitled  to  receive  a  Crown  grant 
of  all  the  surface  rights  of  such  mineral  claim  on  payment  to 
the  Government  of  British  Columbia  of  the  sum  of  five  dol- 
lars per  acre  for  such  land,  and  of  the  fee  of  five  dollars  for 
the  Crown  grant.    1897,  c.  28,  s.  12, 

REPEAL  OF  ACTS  DEEMED  TO  HAVE  CLAUSES 
SAVING  RIGHT  OF  MINERAL  CLAIM-HOLDERS  TO 
OBTAN  CROWN  GRANTS.  Sec  46b.  Notwithstanding 
the  repeal  of  any  Acts  relating  to  mineral  claims,  or  the  sav- 
ing clauses  of  any  such  repealing  Acts,  all  such  repealing  Acts 
shall  be  deemed  to  have  contained  provisions  declaring  the  hold- 
ers of  records  of  mineral  claims  entitled  to  apply  for  Crown 
grants  thereof  under  the  provisions  of  the  law  in  force  at  the 
time  of  such  applications,  and  that  the  procedure  upon  any 
such  applications  shall  be  that  prescribed  by  the  Statutes  in 
force  at  the  time  of  such  applications,  the  grants  thereafter 
vesting  in  the  holders  such  rights  as  were  declared  by  the  Stat- 
utes in  force  at  the  date  of  record  of  such  mineral  claims:  Pro- 
vided, however,  that  nothing  contained  in  this  section  shall 
impair  or  in  any  way  restrict  the  rights  and  privileges  con- 
ferred on  owners  of  mineral  claims  by  the  preceding  section 
of  this  Act.    1897,  c.  a8,  s.   16. 

VALIDATION  OF  CROWN  GRANTS  HERETOFORE 
ISSUED.  Sec.  46c.  All  Crown  grants  heretofore  issued  to 
ihe  holders  of  mineral  claim  records  shall  be  deemed  to  have 


bee 
app 
hole 

Stat 
clain 
the 

f    38, 

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TRANSI 


ih'V^^ 


WINING   LAWS, 
been  validly  i,sue<f  so  far  a.      .  ^^^ 

ADVEKSE    CLAIM  TO  PART    o. 

™™Mn"«cr^?f '^'^'S    GIVEN.    S.c     ^     v 

»'  »"ch  iudgm^*  .'•"»"'=''<'  -y  th.  Court  f  „      *"  '"•«- 

b«  ch."L,'"l""';'  '!'•  origin,,  bound.!."?""  ^''°'';"  and 
signed  T^ll,     ?  !,'  ""''  '"'  «  I'rovi^cui  ,.°'/7  ""'"■  ">all 

cordini'   '  w    ?*  /*^<^°'dcd   within   the   tim!         '"'"'  °'   '"'"'n* 

"«   mineral  claims-    p-^    j    .  *'™*   Prescribed   f«- 

*o   record   any   such    J'    ^'°^'<*«d.   always,   that   tK     /  •/       '*' 

after  .h.  •         °'  '"«'>  document-    A-j  '  ""rd,  and  not 

r  o'M:r."ex«s  '\'^""  "^  "-^^^^^^^^       '' 

'!•«  Minine  R^„  j         ""bsequent  to  sucli  r,  "  ""oo"" 

^»'  :?r  ..'^'i'  ri"  "'^ '-"  :nrj°r""* 

'''ereto.  shall  -     ,  **»»«<«-y    Act "   anw  *"*  P'®" 

^«ANS^ERf  Vn  ""'  """""on.'""    "'    "■"ndment. 

°     BE     IN     WKITING.    Sec.     ,o.    No 


388 


BRITISH  COLUMBIA. 


transfer  of  any  mineral  claim,  or  of  any  interest  therein,  shall 
be  enforceable  unless  the  same  shall  be  in  writing,  signed  by 
the  transferrer  or  by  his  agent  authorized  in  writing,  and  re- 
corded by  the  Mining  Recorder;  and  if  signed  by  an  agent, 
the  authority  of  such  agent  shall  be  recorded  before  the  record 
of  such  transfer.  All  mineral  claims  derived  under  Crown 
grant,  and  every  transfer  thereof,  or  any  interest  therein,  shall 
be  registered  under  the  provisions  of  the  "Land  Registry  Act." 

LOCATOR  TO  ASSIGN  INTEREST  IN  CLAIM  IN 
WRITING.  Sec.  50a.  No  free  miner  shall  be  entitled  to  any 
interest  in  any  mineral  claim  which  has  been  located  and  re- 
corded by  any  other  free  miner  unless  such  interest  is  specified 
and  set  forth  in  some  writing  signed  by  the  party  so  locating 
such  claim.    1897,  c.  a8»  s.  14. 

TRANSFERS  UNDER  "GOLD  MINING  AMENDMENT 
ACT,  1873."  Sec.  51.  The  transfer  of  any  real  estate  acquired 
under  the  provisions  of  the  "Gold  Mining  Amendment  Act, 
1873,"  shall  be  in  writing,  signed  by  the  transferrer  or  his 
agent  authorized  in  writing,  and  need  not  be  by  deed  or  under 
seal. 

ILLNESS  AND  DEATH  OF  MINER.  Sec.  52.  No  min 
cral  claim  shall  be  open  to  location  by  any  other  person  dur- 
ing the  last  illness  nor,  unless  with  the  permission  in  writing 
of  the  Gold  Commissioner,  for  twelve  months  after  the  death 
oi  the  lawful  holder. 

FAULTS  OF  GOVERNMENT  OFFICIALS.  Sec.  S3  No 
free  miner  shall  suffer  from  any  acts  of  omission  or  commis- 
sion, or  delays  on  the  part  of  any  Government  official,  if  such 
can  be  proven. 


MILL-SITES. 

LOCATION  OF  MILL-SITES.  Sec.  54-  A  free  miner 
may  locate  anywhere  unoccupied  unreserved  Crown  land  not 
known  to  contain  mineral  and  not  exceeding  five  acres,  as  a 
mill-site.  No  free  miner  shall  be  entitled  to  obtain  and  hold 
under  this  section  more  than  one  mill-site  for  each  mineral 
claim  lawfully  held  by  him.  Such  mill-site  shall  be  as  nearly 
as  possible  in  the  form  of  a  square.  On  locating  a  mill-site, 
the  free  miner  shall  comply  with  the  following  requirements: 


MINING   LAWS. 


38j> 


(a.)    Mark   out   the   land   by  placing   a   legal   post    at    each 
corner. 

(h.)    Post  a  notice  on  each  post  stating — 

1.  The  name  of  such  free  miner. 

2.  The  number  of  his  free  miner's  certificate. 

3.  His  intention,   at  the   expiration  of  sixty  days   from   the 
date  of  the  notice  to  apply  for  the  land  as  a  mill-site. 

4.  The  date  of  the  notice. 

(c.)    Post  a  copy  of  such  notice  on  the  office  of  the  Mining 
Recorder. 

ENTITLED   TO   LEASE   AND   CROWN  GRANT, 

WHEN.  Sec.  55.  On  the  expiration  of  sixty  days  after  the 
fulfilment  of  the  above  requirements,  the  free  miner  shall  de* 
posit,  in  duplicate,  in  the  Office  of  the  Mining  Recorder,  a 
plat  of  the  said  land  made  by  an  authorized  Provincial  Land 
Surveyor,  and  proved  by  affidavit  that  he  has  complied  with  the 
above  requirements,  and  that  the  said  land  is  not  known  to 
contain  minerals,  and  shall  furnish  such  other  proof  of  the 
non-mineral  character  of  the  land  as  the  Gold  Commissioner 
may  require;  the  free  miner  shall  then  be  entitled  to  a  lease, 
for  one  year,  of  the  said  land,  which  kase  shall  be  executed 
by  the  Gold  Commissioner.  If,  during  the  continuance  of  such 
lease,  such  free  miner  shall  prove  to  the  satisfaction  of  the 
Gold  Commissioner  that  he  has  put  or  constructed  works,  or 
machinery  for  mining  or  milling  purposes,  on  the  said  mill- 
site,  of  the  value  of  at  least  five  hundred  dollars,  he  shall  be 
entitled  to  a  Crown  grant  of  such  mill-site  upon  payment 
of  five  dollars  per  acre  for  such  land.  Any  free  miner  now 
having  a  lease  of  a  piece  of  land  for  a  mill-site,  upon  proving 
to  the  satisfaction  of  the  Gold  Commissioner  that  he  has  put 
or  constructed  works,  or  machinery  for  mininr  "nd  milling  pur- 
poses, on  the  said  mill-site  of  the  value  of  at  least  five  hun- 
dred dollars,  shall,  on  payment  of  five  dollars  per  acre,  be  en- 
titled to  a  Crown  ^ant  of  such  mill-site. 

APPLICATION  FOR  CROWN  GRANT  OF  MILL-SITE. 
Sec.  56.  On  applying  for  a  Crown  gprant  of  a  mill-site,  the  free 
miner  shall — 

(i.)  Pay  the  sum  of  five  dollars  per  acre  to  the  Mining 
Recorder. 

(2.)  Deposit  with  the  Mining  Recorder  the  following  doc- 
uments : 


^90  BRITISH  COLUMBIA. 

(a.)    Lease  of  the  mill-site. 

(b.)    Plat  of  the  mill-site. 

(c.)    Surveyor's  original  field-notes. 

(d.)  A  certificate  from  the  Gold  Commissioner  that  wcrks 
'or  machinery  for  mining  or  milling  purposes  have  been  put  or 
constructed  on  the  mill-site  to  the  value  of  at  least  five  hun- 
"dred  dollars. 

(e.)    Application  for  the  Crown  grant. 

WHAT  PASSES  BY  CROWN  GRANT.  Sec.  57.  Crown 
-grants  of  mill-sites  shall  pass  to  the  grantee  all  the  surface  of 
-the  land  in  the  said  Crown  grant  mentioned,  but  all  such 
•Crown  grants  shall  expressly  reserve  all  minerals  under  the 
said  land,  and  the  right  to  the  Crown  and  its  licensees  to 
-enter  and  mine  the  said  minerals,  and  may  be  in  the  follow- 
ing form: 

(L.   S.)  (Royal  Arms.)  No 

Province  of  British  Columbia. 
Victoria,  by  the    grace  of    God,  of    the    United    Kingdom    of 
Great  Britain  and  Ireland,  Queen,  Defender  of  the 
Faith,  and  so  forth. 
"To  all  to  whom  these  presents  shall  come — Greeting: 

Know    Ye    that    we    do    by  these    presents,  for    Us,   Our 

lieirs  and  successors,  in  consideration  of  the  sum  of to 

TJs  paid,  give  and  grant  unto h....  heirs  and  assigns, 

All  that  parcel  or  lot  of  land  situate and  numbered 

on  the  official  plan  or  survey  of  the  said in  the  Province 

of  British  Columbia.    To  have  and  to  hold  the  said  parcel  or 
lo'^  of  land,  and  all  and  singular  the .  premises  hereby  granted, 

with  their  appurtenances,  unto  the  said ,  h heirs 

■and  assigns  forever. 

Provided,  nevertheless,  that  it  shall  at  all  times  be  lawful 
for  Us,  Our  heirs  and  successors,  or  for  any  person  or  persons 
acting  in  that  behalf  by  Our  or  their  authority,  to  resume  any 
part  of  the  said  lands  which  it  may  be  deemed  necessary  to 
resume  for  making  roads,  canals,  bridges,  towing-paths,  or 
-other  works  of  public  utility  or  convenience,  so  nevertheless 
-that  the  lands  so  to  be  resumed  shall  not  exceed  one-twentieth 
part  of  the  whole  of  the  lands  aforesaid,  and  that  no  such  re- 
-sumption  shall  he  made  of  any  lands  on  which  any  buildings 
-may  have  been  erected  or  which  may  be  in  use  for  the  more 
convenient  occupation  of  any  such  buildings. 


MINING  LAWS. 


Provided,  also,  that  it  -1,-11  ^'' 

Our  heirs  and  successors    or  L*'  *"  *'""  '*  ^^^'^^  'or  Us 

'he  same  land,  and   of  thl  "'"J'  ^'^  »n<i  every  ™«    J 

be.on^,.   ,or   .He  ^:U\'  oH^ 'Ais'""    '"'""'^'  SS"" 

provided'' hC"^^^;;:?;  rr "'■•'«  -"P"«^ 
take  and  occupy  .ue,,         /  „  . '.."""^  ''""  and  successor.    Z 
«'ch   rights   of  "^rrJrnriTw   '"**"•  ""  ">  "ave  anTcnio" 

p     '  " heirs  and 

persordJly'  authorised  I'that   h\^',/u   *'™^  ^^^'^^   ^r  any 

pr^»;:d:"t-.ir  ::irs?  - -- -^^^^ 

*"a.e,,  „,  „.h„  public  worl.  "■""'   °'  ^^    "ads.     fer,  *: 

^onor...  %.       °^    hereunto    affixed-     W.*      ™^"*<^« 

''/i'i^h   Columbia.- -it'-iril"*-^"™"  of^'our^P  ::!:;«:?    • 
<"  Victoria,  this.  ....4  „,^'"™"'f'«   House,    in    Our   City 

TotT'"  "«■«  ''undr:dand-  '"  ""  T"  °'  «"  1-°"^ 
««OurRc,gn.  **"" -   and   in   the year 

^y  command. 

LICENSE  To'»,'jr"  ''''°   ''«A™S. 
'-  -  -  -e.  ma,  .,  .ItX^ion" ^tbtt  ^  "^ 


^03 


UlUriSH  COLUMBIA. 


miMioner,  obtain  a  license  to  run  a  drain  or  tunnel,  for  drain- 
age or  any  other  purposes  connected  with  the  development  or 
working  of  such  claim  or  mine,  through  any  occupied  or  unoc- 
cupied lands,  whether  mineral  or  otherwise,  upon  security  be- 
ing first  deposited  or  given  to  such  Gold  Commissioner  to  his 
satisfaction  for  any  damage  that  may  be  done  thereby,  and  up- 
on such  other  terms  as  he  shall  think  expedient. 
Sections  59  to  79  repealed,  1897. 


III. 

MINING  PARTNERSHIPS. 

HOW  GOVERNED.  Sec.  80.  All  mining  partneiships 
shall  be  governed  by  the  provisions  hereof,  unless  they  shall 
have  other  and  written  articles  of  partnership. 

PARTNERSHIP  TO  BE  ANNUAL.  Sec.  81.  A  mining 
the  partenerchip  shall  be  mining  and  such  othei'  matters  as  per- 
to  h2  a  yearly  partnership,  renewable  from  year  to  year  by 
tacit  consent. 

SCOPE  OF  PARTNERSHIP.  Sec.  82.  The  business  of 
the  partnership  shall  be  mining  and  such  other  matters  as  per- 
tain solely  thereto. 

RECORD  OF  MINING  PARTNERSHIPS.  Sec.  83.  Min- 
ing partnerships  can  locate  and  record  in  the  partnership  name 
a  mineral  claim  for  each  partner,  but  the  name  of  every  part- 
ner, and  the  number  of  every  partner's  free  miner's  certificate 
•hall  be  on  the  record  of  every  such  claim.  The  partnership 
name  must  appear  on  every  such  record,  and  all  the  claims  so 
taken  up  shall  be  the  property  of  the  partnership.  Provided, 
always,  that  no  free  miner  who  is  the  member  of  a  mining 
partnership,  holding  by  right  of  location  a  mineral  claim,  shall 
be  entivled  to  hold  by  right  of  location  in  his  own  name  or 
in  the  name  of  any  other  partnership  any  interest  in  any  other 
mineral  claim  on  the  same  vein  or  lode  on  which  the  partner- 
ship claim  is  situate. 

ONE  PARTNER  FAILING  TO  KEEP  UP  FREE  MIN- 
ER'S  CERTIFICATE.  Sec.  84.  Should  any  partner  fail  to 
keep  up  his  free  miner's  certificate,  such  failure  shall  not  cause 
a  foneiture,  or  act  as  an  abandonment  of  the  partnership 
claim,  but  the  share  of  the  partner  who  shall  so  fail  to  kcepj 


up 

ves 

intc 

cate 

f 

any 

•t  aj 

or  /r 

resuii 

of  th 

Partn< 

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oe  emi 
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Such   n 
shall  re 
name   o 
^^  shall 
partner,  I 
resent  h 
labor  so 
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discharg< 
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foreman 
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OEFAl 

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^^sessmentl 

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c- 

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s  pef- 
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[partner- 

iail  W 

lot  cause 

tnersbiP 

to  keep] 


MIXING  LAWS.  39^ 

up  his  free  miner's  certificate  shall,  ipso  facto,  be  and  become 
vested  in  his  partners,  pro  rata,  according  to  their  lormcr 
interests,  on  the  said  partners  paying  the  free  miner's  certifi- 
cate for  the  year. 

PARTNER'S  RIGHT  TO  VOTE.  Sec.  85.  A  partner  in 
any  mining  partnership  or  his  agent  authorized  in  writing  shall 
at  any  meeting  thereof,  be  entitled  to  vote  upon  any  interest 
or  fraction  of  an  interest  which  he  may  hold  therein;  but  the 
result  of  the  votes  given  shall  be  determined  by  the  number 
of  the  full  interests  voted  upon,  and  not  by  the  number  of 
partners    voting   at    such    meeting. 

MAJORITY  TO  MAKE  ASSESSMENTS.  Sec.  86.  A  ma- 
jority of  such  votes  may  decide  when,  how  long,  and  in  what 
manner  to  work  the  partnership  claim,  the  number  of  men  to 
DC  employed,  and  the  extent  and  manner  of  levying  the  assess- 
ments to  defray  the  expenses  incurred  by  the  partnership.. 
Such  majority  may  also  choose  a  foreman  or  manager,  who 
shall  represent  the  partnership,  and  sue  and  be  sued  in  the 
name  of  the  partnership  for  assessments  and  otherwise;  and 
he  shall  have  power  to  bind  them  by  his  contracts.  Every 
partner,  or  his  duly  authorized  agent,  shall  be  entitled  to  rep- 
resent his  interest  in  the  partnership  property  by  work  and 
labor  so  long  as  such  work  and  labor  be  satisfactory  to  the 
foreman  or  manager.  In  the  event  of  such  workmen  being 
discharged  by  the  foreman  or  manager,  the  Court  having  juris- 
diction in  mining  disputes  may,  if  requested,  summon  the 
foreman  or  manager  before  it,  and  upon  hearing  the  facts 
make  such  order  as  it  shall  deem  just. 

ASSESSMENTS,  WHEN  PAYABLE.  Sec.  87.  All  assess- 
ments shall  be  payable  within  thirty  days  after  being  made. 

DEFAULT  IN  PAYMENT  B\  PARTNER.  Sec.  88. 
Any  partner  ~*"'<king  default  in  payment  after  receiving  a  no- 
tice specifying  the  amount  due  by  him,  shall,  if  such  amount 
be  correct,  be  personally  liable  therefor  to  the  partnership, 
and  his  interest  in  the  partnership  property  may  be  sold  by 
the  partnership  for  the  payment  of  the  debt,  and  any  further 
assessment  which  may  have  accrued  thereon  up  to  the  day  of 
sale,  together  with  all  costs  and  charges  occasioned  by  such 
default;  and  if  the  proceeds  of  the  sale  be  insufficient  to  pay 
off  the  several  sums  mentioned,  the  Court  having  jurisdiction  in 


ss 


994 


BRITISH  COLUMBIA. 


mining  disputes,  upon  being  applied  to,  shall  issue  an  order 
directed  to  the  Sheriff  to  seize  and  sell  any  other  personal  prop* 
«rty  of  the  debtor.  Notices  of  sale  shall,  in  either  of  the  above 
cases,  be  conspicuously  posted  thirty  clear  days  prior  to  the 
<iay  of  sale  in  the  vicinity  of  such  mining  or  other  property 
«nd  on  the  Court  House  or  Mining  Recorder's  Office  nearest 
thereto.  But  if  such  partner  be  absent  from  the  district  such 
notices  shall  be  posted  as  aforesaid  sixty  clear  days  before  the 
day  of  sale,  and  a  copy  of  such  notice  shall  be  published  in 
some  newspaper  circulating  in  the  district  wherein  such  min- 
ing or  other  property  is  si\:uate.  Such  sale  shall  be  by  public 
auction  to  the  highest  bidd;r.  The  purchaser  shall  be  entitled 
to  possession  of  the  property  sold,  and  to  a  bill  of  sale  there* 
ior  signed  by  the  auctioned ;  such  bill  of  sale  shall  confer  such 
ititle  upon  the  purchaser  as  the  owner  had.  And  for  the  pur- 
ipose  of  carrying  out  the  piovisions  of  this  section  the  Mining 
Recorder  of  the  mining  di/ision  in  which  the  property  to  be 
sold  is  situate,  or  some  one  appointed  by  him,  may  act  as  auc* 
taoneer. 

EFFECT  OF  NOTICE  OF  ABANDONMENT.  Sec.  89. 
After  a  notice  of  abandonment  in  writing  shall  have  been 
served  on  the  foreman  or  manager  of  a  partnership  by  any  mem- 
iber  thereof,  and  duly  recorded,  such  member  shall  not  be  lia- 
hlc  for  any  debts  or  other  liabilities  of  the  partnership  in- 
icurred  after  service  and  record  of  such  notice,  and  no  member 
^hall  be  deemed  to  have  abandoned  an  interest  until  service 
and  record  of  such  notice. 

TITLE  TO  ABANDONED  SHARE  VESTS  IN  CON- 
TINUING PARTNERS.  Sec.  90.  Upon  the  abandonment  of 
any  share  in  a  mining  partnership,  the  title  to  the  abandoned 
share  shall  vest  in  the  continuing  partners,  pro  rata,  accord- 
ing to   their   former   interests. 

PARTNER  MAY  SELL  HIS  INTEREST.  Sec.  91.  Any 
partner  shall  be  entitled  to  sell,  or  contract  for  the  sale  oft 
his  interest  in  the  partnership  property,  but  such  interest  shall  | 
continue  liable  for  all  the  debts  of  the  partnership. 

NOT  LIABLE  FOR  DEBTS  AFTER  SALE.  Sec.  9«-| 
No  partner  shall,  after  a  bill  of  sale  conveying  his  interest  1 
tias  been  recorded,  be  liable  for  any  indebtedness  of  the  part'j 
nership  incurred  thereafter. 


MINING  LAWS. 


395 


rder 
rop- 
bove 

the 
perty 
:arest 

such 
e  the 
ed  in 

min- 
public 
ntitled 

there- 
;r  such 
le  pur- 
Mining 
r  to  be 

as  auc- 

iSec.  89. 
e    been 
y  mem- 
be  iia- 

^hip    in- 
member 

service 

CON- 
iment  oi  1 
^andoned 

accord- 


191 


Any 
sale  of,' 

est  shall] 


iSec.    9»- 
interest! 

I  the  P«*' 


LIMITED   LIABILITY. 

LIMITED  LIABILITY.  Sec.  93.  Any  mining  partner- 
ship composed  of  two  or  more  free  miners  may  limit  the  lia- 
bility  of  its  members,  upon  complying  with  the  requirements 
following,  that  is  to  say: 

Upon  filing  with  the  Mining  Recorder  a  declaratory  state- 
ment  containing  the  name  of  the  partnership,  the  location  and 
size  of  every  partnership  claim,  and  the  particular  interest  of 
each  partner;  and  also  placing  upon  a  conspicuous  part  of 
every  such  claim,  in  large  letters,  the  name  of  the  partnership, 
followed   by   the   words   "Limited   Liability." 

PART  OF  NAME.  Sec.  94.  The  words  "Limited  Liabil- 
ity"   shall   thereupon   become   part   of   the  partnership   name. 

EFFECT  OF  LIMITED  LIABILITY.  Sec.  95-  After 
such  conditions  shall  have  been  complied  with,  no  member  of 
such  partnership  shall  be  liable  for  any  indebtedness  incurred 
thereafter  beyond  an  amount  proportioned  to  his  interest  in 
the  partnership. 

ACCOUNTS  TO  BE  KEPT.  Sec.  96.  Every  such  partner- 
ship shall  keep  a  correct  account  of  its  assets  and  liabilities,  to- 
Rether  with  the  names  of  the  partners,  and  the  interest  held 
by  each,  and  shall  make  out  a  monthly  balance  sheet  show* 
ing  the  names  of  the  creditors,  and  the  amounts  due  to  each, 
and  file  the  same  among  the  papers  of  the  partnership;  and 
such  balance  sheet  and  all  the  books  of  the  partnership  shall 
be  open  to  the  inspection  of  creditors  at  all  reasonable 
hours. 

PARTNER  MAY  SELL.  Sec.  97.  Every  partner  in  such 
partnership  shall  be  at  liberty  to  sell  or  dispose  of  his  interest 
therein,  or  of  any  part  thereof,  to  any  other  free  miner. 

AFTER  SALE,  PARTNER  NOT  LIABLE  FOR  DEBTS 
OF  PARTNERSHIP.  Sec.  98.  No  member  of  such  partner- 
ship, after  a  bill  of  sale  conveying  his  interest  has  been  duly 
recorded,  or  after  he  has  served  a  notice  of  abandonment  of 
his  interest  on  the  foreman,  and  left  a  copy  thereof  with  the 
Minintr  Recorder,  shall  be  liable  for  any  indebtedness  01  the 
partnership   incurred   thereafter. 

DIVIDENDS.  Sec.  99.  No  such  partnership  shall  declare 
any  dividend   until  all   its   liabilities   have   been   paid. 


i  I' 


1 1  if 


>  t 

f    B 


396 


BRITISH  COLUMBIA. 


APPOINTMENT  OF  FOREMAN.  Sec.  lOo.  Every  such 
partnership  shall  appoint  a  foreman  or  manager,  who  bhall  rep- 
resent the  partnership,  who  shall  sue  and  be  sued  in  the  name 
of  the  partnership,  and  his  contracts  in  relation  to  the  business 
of  the  partnership  shall  be  deemed  to  be  the  contracts  of  the 
partnership. 

TO  WHAT  PARTNERSHIP  IS  LIABLE.  Sec.  loi.  No 
such  partnership  shall  be  liable  for  any  other  indebtedness 
than  that  contracted  by  its  foreman  or  manager,  or  by  its 
■gent  duly  authorized  in  writing. 

FAILURE  TO  COMPLY  WITH  PROVISIONS.  Sec. 
zoa.  Should  any  such  partnership  fail  to  comply  with  any  of 
the  provisions  of  this  Act  relating  exclusively  to  "limited  lia* 
bility"  partnerships,  such  partnerships  shall,  from  the  date  of 
such  failure,  cease  to  be  a  "limited  liability"  partnership. 


IV. 
MINING   RECORDERS— APPOINTMENT,    DUTIES, 

POWERS. 

APPOINTMENT  OF  MINING  RECORDER.  Sec.  103. 
The  Lieutenant-Governor  in  Council  may  appoint  any  person 
to  be  a  Mining  Recorder  in  and  for  any  pait  of  the  Province. 

ELECTION     OF   RECORDER    BY    MINERS.    Sec.    104. 
Where  mineral  land  is  discovered  in  a  part  of  the  Province  so 
situate  that  the  provisions  of  this  Act  as  to  free  miners'  cer- 
tificates and  records  of  mining  property   cannot   be  justly  ap- 
plied or  enforced  by  reason  of  there    being  no    Gold    Commis- 
sioner or  Mining  Recorder   in  the   locality,   it  shall   be  lawful 
for  the  miners  of  such  locality  to  hold  meetings  at  such  times  j 
and  places  as  may  be  agreed  upon,  and  at  such  meetings,  byi 
a  two-thirds  vote,  to  appoint- one  of  their  number  to  issue  freej 
miners'   certificates  and  to   enter  records   of   mining   property; 
and  such  certificates  and  records  shall  be  valid,  notwithstand- 
ing any  informality  therein.    Provided  that  all  records  so  made 
and  all  fees  for  the  same  in  accordance  with  the  Schedule  tol 
this  Act.  and  a  list  of  all  free  miners'  certificates  issued,  andj 
the  date  and  term  thereof,  and  the  fees  for  the  same,  be  for-i 
warded   to    the    nearest    Gold    Commissioner     or     Mining    K^| 
corder  as  soon  thereafter  as  practicable. 


,  ^'^S  Keco 
'Joolc. 

^V'Hat 

''^«  Mining 

J^'^^s,  permit 

""wioner  or 

r  GoJd  Coi 

JJ;n?  a  tnii 
'rd  Book. 

''  Upon 


ate, 


or 


an;] 
upon 


MINING  LAWS. 


397 


Ing 


RECORDER  TO  ISSUE  CERTIFICATES.  Sec.  105. 
Every  Mining  Recorder  shall  issue  free  miners'  certificates  and 
"substituted  certificates"  to  all  persons  and  companies  entitled 
thereto. 

BOOK  OF  FORMS,  COUNTERFOILS,  etc.  Sec.  xo6. 
Such  free  miners'  certificates  shall  be  taken  from  a  printed 
book  of  forms,  with  duplicate  counterfoils,  one  of  which  coun- 
terfoils shall  be  filed  in  the  office  of  the  Mining  Recorder. 

BOOKS  TO  BE  KEPT  BY  MINING  RECORDER.    Sec. 
107.    Eevery  Mining  Recorder  shall  keep  the  following  books: 
(a.)    A  book  to  be  known  as  the  "Record  Book." 
(b.)    A  book  to  be    known  as  the    "Record    of    Abandon- 
ments." 
(c.)    A  book  to  be  known  as  the  "Record  of  Affidavits." 
(d.)    A  book  to  be  known  as  the  "Record  of  Conveyances." 
(e.)    A  book  to  be  known  as  the  "Record  of  Free  Miners' 
Certificates." 

ISSUE  OF  CERTIFICATE.  Sec.  108.  Upon  receipt  of  an 
affidavit  setting  forth  a  detailed  statement  of  work,  as  required 
by  section  24,  the  Mining  Recorder  shall  issue  a  certificate  of 
work  in  the  Form  E  in  the  Schedule  to  this  Act. 

FILING  AND  RECORD.  Sec.  X09.  Upon  issuing  such 
certificate  of  work,  the  Mining  Recorder  shall  file  such  affidavit 
in  the  Record  of  Affidavits,  and  also  record  sUch  certificate  of 
,  work  in  the  Record  Book. 

RECORD    OF    CERTIFICATE    OF    IMPROVEMENTS. 
I  Sec.  no.    Upon    receiving  a  certificate    of    improvements,  the 
Miaing  Recorder  shall  record  the  same  verbatim  in  the  Record 

iBook. 

WHAT  RECORDER  MUST  RECORD.  Sec.  m.  1897. 
|The  Mining  Recorder  shall  record  all  extensions  of  time,  li- 
Icenses,  permits,  and  other  privileges  granted  by  the  Gold  Com- 
Iniissioner  or  Mining  Recorder,  and  all  forfeitures  declared  by 
|tlie  Gold  Commissioner,  and  a  memorandum  of  every  judgment 
ifecting  a  mineral  claim  or  other  mining  property,  in  the  Rec- 
N  Book. 

CERTAIN  PARTICULARS  ENTERED   IN   BOOK.    Sec. 

\^-  Upon  any  Mining  Recorder  issuing  a  free  miner's  certifi- 

«e.  or  upon  any  free  miner  applying  to  record  any  mineral 


398 


BRITISH  COLUMBIA. 


claim,  bill  of  sale,  or  other  instrument,  the  Mining  Recorder 
shall  enter  in  the  free  miners'  certificate  book  the  particulars 
of  such  free  miners'  certificate,  giving  number  of  certificate, 
date,  place  of  issue,  and  to  whom  issued. 

RECORD  OF  ABANDONMENTS.  Sec.  113.  Upon  the 
receipt  of  a  notice  of  abandonment,  the  Mining  Recorder  shall 
record  the  same  in  the  Record  of  Abandonments,  and  tile  such 
notice,  and  write  across  the  record  of  the  claim  affected  by 
such  notice,  in  the  Record  Book,  the  word  "Abandoned,"  and 
the  date  of  the  receipt  by  him  of  the  notice.  If  only  an  interest 
in  a  mineral  claim  is  abandoned,  and  not  the  entire  claim,  the 
memorandum  in  the  record  shall  show  which  interest  is  aban- 
doned. 

RECORD  OF  AFFIDAVITS.  Sec.  114.  The  Mining  Re- 
corder shall  record,  by  copying  out  verbatim  all  affidavits  and 
declaratory  statements  required  to  be  recorded  in  connection 
with  his  office,  in  the  Record  of  Affidavits. 

RECORD  OF  CONVEYANCES.  Sec.  115.  The  Mining 
Recorder  shall  record,  by  copying  out  verbatim,  h\  the  Record 
of  Conveyances,  all  conveyances,  mortgages,  bills  of  sale,  con- 
tracts for  sale,  and  other  documents  of  title,  including  powers 
of  attorney,  or  other  authorities,  to  execute  all  or  any  of  the 
above  description  of  documents  when  brought  to  him  for  that 
purpose. 

RECORD  OF  DOCUMENTS.  Sec.  116.  The  Mining  Re 
corder  shall  record  in  the  Record  Book  .all  other  documents 
relating  to  mining  property  which  may  be  brought  to  him  for 
record,  and  shall  file  all  such  documents  which  may  be  brought 
to  him  to  be  filed. 

DATE  OF  ENTRY.  Sec.  117.  Every  entry  made  in  any  of 
the  above  books  shall  show  the  date  on  which  such  entry  was 
made. 

BOOK  TO  BE  OPEN  FOR  INSPECTION.  Sec.  118.  All 
books  of  record  and  documents  filed  shall,  during  office  hours, 
be  open  to  public  inspection  free  of  charge. 

OFFICE    COPY   TO    BE     EVIDENCE.     Sec.    119.    Every, 
copy  of,  or  extract  from,  any  entry  in  any  of  the  said  books,  or 
of  any  document  filed  in  the  Mining  Recorder's  Office,  certi- 
fied to  be  a  true  copy  or  extract  by  the  Mining  Recorder,  shall 


^J/     lUlt 

,  DUTIES 
\'"-  l^Poni 
I'y'  and  do< 
h'der  shall 

J    «£COKD 
P  any  fret 
jwrtJficate  of 
r  ^^ing  any 
r""'  the  ML 
f  P««  thereof. 


h'  'or  the 
P'^'de  any 


MINING  LAWS. 
be  received   in  any  Cour*  399 

"--  OK  CO  J         "  """  "'  "  "•"-  -- 

•«.  tog«he,    wi,h    ,h. "fT"""*"""  shall  ,e„d  .u!h     ''"'° 

U.)   Affidavit    o7  ,h!    '"'^'•"'""•ents. 
.«en,_K^„„  c_  how.,  „,  „.  „.„^^,   ^^_^._^_   ^^  ^^^ 

<4)    TheXy  onh!""  "'  "■•  """'«"  claim 
'"■   Upon  r.^iMrom1hf  f  ^'''^^  ^O  "ILL  SITES      , 

"«  My  free  minei^.  ^Jl-i"*^^  ^^^S.    Sec.  ,«     b-/        ■ 
wtificate  of  wort  ««n'«cate,    or  substita.jT"        •    "  ''•••• 

«  ling  anvT      "  "*■"»«  ""y  «Mry  in  "^     k  ««'«ca.e.   „r 
K  the  M^„?  ™"*"''  »'  ""king  any  »„   ''  '~°''  °'  "'"d. 

"AV   DIVIDE  Tr"" '''^'''°^^- 

f  "cordinir    all       i  •         °*  °*^««".  shall  be  th- 

'  "«^a  as  real  estate,. 


too 


BRITISH  COLUMBIA. 


or  mining  property  situate  within  such  mining  division;  an^l 
whenever,  by  this  Act,  or  any  Act  amending  the  same,  any- 
thing is  required  to  be  done  at  or  in  the  office  of  the  Gold 
Commissioner  or  Mining  Recorder  of  the  district*  it  shall,  if 
the  same  affects  or  concerns  any  claim,  mine  held  as  real  es- 
tate, or  mining  property  situate  within  a  mining  division,  be 
done  at  or  in  the  office  of  the  Mining  Recorder  of  the  mining 
division  wherein  such  claim  or  mine,  or  other  mining  property, 
is  situate. 

(b.)  Upon  the  district  or  division  of  any  Mining  Recorder 
being  divided  or  subdivided  into  mining  divisions,  it  shall  be 
the  duty  of  such  Mining  Recorder  to  make,  or  cause  to  be 
made,  a  transcript  of  all  the  entries  in  all  the  books  mentioned 
in  section  107,  affecting  claims,  mines  held  as  real  estate,  or 
mining  property  situate  in  each  newly  created  mining  division, 
and  to  forward  the  same  to  the  Mining  Recorder  of  such  min- 
ing division,  and  such  transcript  shall  be  kept  in  such  office  as 
part  of  the  records  of  such  office,  and  all  transcripts  of  such 
records,  certificates,  documents  or  other  instruments  shall 
i)rima  facie  be  deemed  to  be  true  copies  of  the  several  recordi, 
certificates,  documents,  or  other  instruments  of  which  they  pur- 
port to  be  transcripts;  and  such  transcripts  or  copies  thereof, 
^hen  certified  by  the  Mining  Recorder  of  the  mining  division 
in  whose  office  they  are  kept,  shall  be  admissible  in  evidence 
in  all  Courts  of  Judicature  in  this  Province. 

GOLD  COliMISSIONER  HAS  ALL  POWERS  OF  MIN- 
ING  RECORDER.  Sec.  las.  When  there  shall  be  no  Mining 
Recorder  for  a  district  or  division,  the  duties  of  the  Mining 
Recorder  shall  devolve  upon  the  Gold  Commissioner  and  it  shall 
at  all  times  be  lawful  for  the  Gold  Commissioner  to  perform 
-the  duties  of  the  Mining  Recorder,  and  the  Gold  Commissioner 
shall  have  all  the  powers  of  a  Mining  Recorder. 

OFFICE  HOURS.  Sec.  ia6.  The  Mining  Recorder's  office 
^hall  be  open  upon  such  days  and  hours  as  the  Lieutenant- 
Governor  in  Council  may  from  time  to  time  appoint,  and  fail- 
ing any  particular  appointment  shall  be  kept  open  upon  all| 
<lays,  excepting  public  holidays,  from  9  a.  m.  to  4  p.  m.,  and  | 
such  times  shall  be  deemed  the  office  hours  of  such  office. 

V. 

GOLD  COMMISSIONERS  TO  BE  APPOINTED  BYI 
THE  LIEUTENANT-GOVERNOR.    Sec.   ia6a.    The  Lieutenf 


MINING  LAWS. 


ant-Governor  in  Council  m-     /  ^ 

GOLD  COMMISSIONE^^T^ISTESIA, 

MAV  CHANT  S"  ^'^^  ^S""  ''°^=«^ 

^3«*ji%-  ---r-.'s  t-ttri'»S 

WORKING    OP    MINEs"~orTlatmc 
REtnr..  POWEK^^''^™"'     ^^^     OTHER 

RE-LOCATION    OP    CLArnr      e 

"rr^r"' ■".'"■•  ««^o"-p^hT,  ^'"  ^'o  co«. 

MARKING    OUT    SPACV    r-r.^ 


404 


BRITISH  COLUMBIA. 


or  any  mining  property,  mineral  claims,  mining  claims,  bed- 
rock drains,  or  bed-rock  flumes;  and  any  abandoned  works  may 
by  his  order  be  either  filled  up  or  guarded  to  bis  satisfaction,. 
at  the  cost  of  the  parties  who  may  have  constructed  the  same^ 
or,  in  their  absence,  upon  such  terms  as  he  shall  think  fit. 

CROWN  GRANTS  UNDER  G.  M.  A,  ACT,  1873.  Sec.  138. 
Notwithstanding  anything  contained  in  the  "Gold  Mining 
Amendment  Act,  1873,"  or  in  any  Crown  grant  issued  under  the 
said  Act,  or  under  this  or  any  other  Act,  it  shall  be  lawful  for 
the  Gold  Commissioner,  in  his  discretion,  and  with  or  without 
any  terms  or  conditions,  to  allow  to  the  owners  of  mineral 
claims  all  such  rights  or  privileges  in  and  over  mineral  or  other 
claims  held  as  real  estate  as  may  be  allowed  in  and  over  claims 
not  so  held;  and  owners  of  claims  held  as  real  estate  shall  be 
entitled  to  the  same  rights  and  privileges  as  owners  of  claims 
not  so  held. 

ISSUE  OF  LEASE  OF  MILL  SITE.  Sec.  139.  Upon  re- 
ceiving an  application  for  a  mill  site  from  any  free  miner,  and 
upon  proof  being  furnished  to  his  satisfaction  of  the  non-min- 
eral character  of  the  land  applied  for,  and  the  deposit  in  dupli- 
cate of  a  plat  of  said  land,  and  upon  proof  by  affidavit  that  the 
applicant  has  complied  with  the  requirements  of  section  54  of 
this  Act,  the  Gold  Commissioner  shall  issue  to  the  applicant 
a  lease  of  such  land  for  one  year,  in  the  form  in  the  Schedule 
to  this  Act. 

CERTIFICATE  OF  WORK  ON  MILL  SITE.  Sec.  140. 
Upon  being  satisfied  that  the  lessee  of  a  mill  site  has  put  or 
constructed  thereon  works  or  machinery  for  mining  or  milling 
purposes  to  an  amount  of  not  less  than  five  hundred  dollars, 
the  Gold  Commissioner  shall  issue  his  certificate  to  that  effect. 

RECORDER  TO  FORWARD  DOCUMENTS.  'Sec.  141. 
Upon  receipt  from  the  Mining  Recorder  of  the  moneys  and 
documents  mentioned  or  referred  to  in  section  121,  the  Gold 
Commissioner  shall  satisfy  himself  that  the  same  are  in  order, 
and  then  forward  the  same  to  the  Chief  Commissioner  of  Lands 
and  Works. 

POWER  TO  CARRY  OUT  ACT.  Sec.  142.  The  Gold  Com- 
missioner shall  have  power  to  do  all  things  necessary  or  ex- 
pedient for  the  carrying  out  of  the  provisions  of  this  Act. 


^l^lNiJ  LAWS. 

ACT."    (a.)    Th,  Con,™!         "^^    '^'^MINISTRatoR^ 

Official   Administrator,    aT"   Z       "  ""  P^^^ons   of  .he- 

«"'«  and  Re,„,a.io„,,  thet^'nder  i^TT   ^"''    ^^    W' 

COUNTY       COURTc:       rr, 

FORMS  ANr^osx'"?rMINr-      '"«°"DCRE.. 
S"-  -44.    In  ad,.;.-  MINING  MATTERS, 

f  Countl?  Co'nrT/tr^hr..?'  '"-<"•"»»  and  powers  .• 
and  other   A^*»         ^     ^      County   Courfc    t     •  ^r    ^^^   given« 


i 


II 


rt 


'I   I 


(  1 


f      '   :   \ 

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r 

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St 

A] 

ft 

1^ 

tm 

Iti 

BRITISH  COLUMBIA. 


^  •  .«   or  claimed  to  be  given,  by  this 

-^^'  ----^^f^X^^^^  '^''-  ^^^"  "^'  ''''" 

Act  or  any  otner  act  »«=»       » 

snff    where  such  supplies  were  u     » .        ^^^    contracted  for,  or 
'T^Xn  S'tU  r.=-  on  c,  .  .spe-.  — 

It  the  business  of  »-f,X^rgW.n.  or  claimed  to  be  rven 
Ct:  trora^:^"  Ae.%e>atin.  to  ».n.n.  Cotber 

nrt-eu  —  o,  .i— t  .o»  mi«-  t^^  To  t  e 
(5.)    in  *  J  ^^g   entercs.,    «»  minerals 

f '"""inCd    W   s  -W»«  «or.   -«°Veetirconn«."d  with 
XVTf-co^^.  or  for  -y  P^;P-;/':S^';d  to  bave  been 

{f,\    In  all   suits  tor  wi^^  mortgage,  charge  or 

jt  a:,  cbar.^.r j:i:v"rero-tbi  f  :^^^^^^^^^ 

•^"^^nVS ^o^pe;ifi^eHorm-«^^^^^^^ 

i„Jfi  deiiverin.  u.  or^nc^.^  -    ^„,  „  otber  m-^ 

xhase,  or  lease  of  any  .  ^.  „  „.  of  an? 

-rin  an ...  -  - -^:d- :;  riv^e .. 

mining  partnersh^.   *hethe 

Act,  or  any  other  i^cv 
ing)- 


MINING  LAWS. 

(".)    Provided,  always    th«^     . 

enumerated,  any  of  tL  •      "^'^'^^    before  referre/ »    '^    i 

»U't  or  matter  into  th*.  «"^*""*«  ^^e  transfer  of  such   »^*- 
-ns  „y  Judge  o°,*.%^"^;;r/°"«-  ""O  -Pon  "th  1^ 
Lty'^'r-  '"■="  ««ons;?'„^°"«™''^'»  satisfied  .h«t 
terred,  make  an  order  ^;.    -T-  «atter  should   be  c«   * 

or  matter  into  the   Q,      ^""«^  ^'^'^  ♦'ansfer  of  such  Lr      "*"" 

^"'t    or  „,^tter,   shall   be   had  an/ hT   '""P""*   °^  ««<=h   acton 

"""""  pleadings.  "•*™'   '"«d,   or  disposed    of 

"MINING   JURISDICTION"     <! 

fven   ,„   Coawy    Courts   by   tW,    4  ."  ,. '«•    'T'"    i"ri,d  ction 

.  ""nmg  jurisdiction"  of  the  rl?   .     .?   """    '"'   >"">«"  as     he 

■"^  jurisdiction"  sh,M   bl  wr^?"":    °".''  """  ""  -"rds  '„•'' 

""n'ori::nr"°r-  -»"""  o°Her"ri:„".s''"  ^•""■""""• 

County  cr.  ''""^'■""'^"    •"'    -i"<n«    iSc;ro„^7.t 
3«''^r?!„„f/cou?,I'Lye™^'■*^^    ^'^'^    OFFICERS 
Sh^iffs.  and  other  officL    l^rj'"'  *^°'""  J«<'8«.  Regi,trf« 
'"""eees.   an,|   authort^^^'i  ,  ■"I*  *«  ""«  duties,  pX^J^' 


h4 


BRITISH  COLUMBIA. 


liJ 


'4°^  ^       .     r,Mtrt    and   the   provi- 

.,h.  ordinary  iuri^c"""  °V^:  .^^^iX"    "^-'»r/*'' 

In,  of  all  Act,  '« J^^;  c„--^'  a"''  ^"""'^  ?°f td  p'rcl 
j,,,i,.  and  powers  of  County  v-  ^  regulating  the  ptac 

l"^strars,  Sheriffs,  and  o*"  °*!"';^7a,l  Rules  and  Orders 
«:e:nd  procedure  in  ^o-^V J^^f ^^/^dinary  iurisdicion  of 
for  the  time  being  aPPf""^  ^°  pTactioable  and  not  mconsts^. 

•*:^:rthrA;t"tr;lr  raining   iu.sdict.on   of   the 

■4^;o;;^o  msTKxcT.^,  -j-,„ri:e^r::d 

arif.  concerning  mining  P^P"^^* '  ,^f  bounty  Court  of  rither  » 

The  hearing  of  any  s""™"";,'  P'^' "eyond  the  shortest  reason- 
iouniy  Court  shall  not  be  d'*""^  f^^,  ^11  parties  concerned, 
Sletime  necessary  ;"  J'-^^tegrstrar  to  make  summonse-r 
and  it  shall  be  lawful  for  the  1^  »       ,^  at  any  other  t,me. 

Xer  proceedings  returnable  f^r^w^    ^^^^^^ 

COURT  MAV  DECIDE  ON    m  ^^^^^  ,^        es- 

in^in  mining  -tions  or  suUs  the  C^^^^^^^_   -^^-'LrvX" 

^e'errif  r^dered  i"  CouH.  ^  ^^^^^ 

ISSUES  OF  FACT  MAY  Bfc  FOUN  u  ^^^„;„  .^a, 

'- --.trfh:^b:Trierb;f;:4tit'"r^x 
;rr^yvlr  luagment  -  ^^^^^  .,  a  iury. 

■"tolTfte:  s!  XnTactions,  ^--^^00^^ 
>"^'  --  "  »;;S^crrw^rth?hi4er  oyow« 
•r   j«c  tnav  order  that  co&ia  T>,,iec.  or  "  he  snan 

judge  may  oi^  Tounty  Court  Kuies,  oi  ,3 


£ 


MINING  LAWS. 


407 


jurisdiction  in  mining  disputes  shall,  with  reference  to  real  es- 
tate held  under  the  "Gold  Mining  Amendment  Act,  1873,"  or 
under  this  Act,  and  notwithstanding  any  law  to  the  contrary, 
have  the  same  powers  and  authorities  to  decide  all  matters  or 
disputes  arising  between  the  owners  thereof,  or  between  the 
owners  thereof  and  any  third  person,  or  between  mining  joint 
stock  companies,  or  between  shareholders  therein,  or  between 
them  and  the  company,  in  the  same  way  and  as  fully  as  it 
might  do  concerning  claims  not  being  real  estate,  and  actions, 
suits,  and  other  proceedings  relating  to  such  matters  or  dis> 
putes  shall  be  brought  and  had  in  the  same  manner  as  actions, 
suits,  or  proceedings  relating  to  mining  claims  not  being  real 
estate. 

WHAT  WRITS  MAY  ISSUE.  Sec.  153.  Any  County 
Court  Judge  having  jurisdiction  in  mining  causes,  may  direct 
the  issuing  of  writs  of  capias  ad  respondendum,  ne  exeat  regno, 
and  capias  ad  satisfaciendum  in  all  cases  in  which  by  law  he 
has  jurisdiction  over  the  subject-matter  of  the  suit,  but  under 
and  subject  to  such  conditions  as  a  Judge  of  the  Supreme 
Court  might  usually  require  in  applications  of  a  similar  nature. 


VII. 

PENAL  AND  MISCELLANEOUS. 

PENALTY  FOR  CONTRAVENTION  OF  ACT.  Sec.  154. 
Any  person  wilfully  acting  in  contravention  of  this  Act,  or  re- 
fusing to  obey  any  lawful  order  of  the  Gold  Commissioner  or 
of  any  Judge  presiding  in  a  Court  shall,  on  conviction  thereof 
in  a  summary  way  before  anv  two  Justices  of  the  Peace  or  a 
Stipendiary  Magistrate,  or  before  any  Judge  of  a  Court  having 
jurisdiction  in  mining'  disputes,  be  liable  to  a  fine  not  exceed- 
ing two  hundred  and  fifty  dollars,  or  to  imprisonment,  with  or 
without  hard  labor,  for  any  term  not  exceeding  three  months. 

RECOVERY  OF  PENALTIES.  Sec.  155.  All  fines  and 
penalties  imposed  or  payable  under  this  Act  may  be  recovered 
by  distress  and  sale  of  any  mining  or  other  personal  property 
of  the  offender ;  and  in  uiefault  of  sufficient  distress  by  imprison- 
ment, with  or  without  hard  labor,  not  exceeding  three  months. 

FIXES,    ETC.    Sec.    156.    All   fines,   fees   and   penalties    col- 


^i 


BRITISH  COLUMBIA. 


'At  Fund  .«  B"«»\<=°'tr..7       Nothing  h«.in  contained 
SAVING  RIGHTS.       Sec-   «57-  ,     ,^,ea,  be  so  con- 

.h^l««  where  .uch  '""-'r.nvXtng  right,  and  interests 
«™«i"I  to  affect  P^i-dically  »y  -T"  *od  a"  „i„i„g  righta 
:^„tr,^  prior  to  th« -"-td  «ae  "..uired  shall  wi.hc^ 
^  pHvilege.  heretofore  »"'ij^^="^^  j,.„ed  to  be  taken  and 
Z  »me  being   expressly  s«.t^d    b  ^^^  ^^.^^  ^„j  ,„. 

held  .ubiect  to  the  nghts  o    »<        ^^^  ^„d  water, 
ceaaors,  and  to  the  public  r.gn      ^  ^._^^^^  ^_^      ^^ 

COPIES  OF  ACT.    Sec.  «58.    Every  ^^^  ^^^^^^  ,„ 

«on°.  the  M'""^^n  r-     --^  °'""  '""  °'  ""'■ 
a  printed  copy  ol  this  acv 

five  cents.  .„„tti»vitS    MUST  BE  MADE.    Sec. 

BEFORE  WHOM    A".^°^^"de  under  the  provisions  oi 
,™     Affidavits  and  declarations  .nade  u  ^    i,„„  of  a 

S  Act  shall  be  mad*  b'*"'  ^"o„ld    Comrtlissioner,  Minmg 
C"urt  of    Record    or  bdor.  so-     Oo^a^^  ^,  ^^^  p.,„,  Notary 
Recorder,  Stipcna.ary  Mapstr^      ^   ^^^^^.^^ 
Public,  or  Comm.ss.oner  for  t        «  _^     ^j_^  ^,„  ,  , 

WHO  MAY  EXAMINE  CLAIM^  Mineralogist   shal 

ot   Mines   ana   the    P'-^r^.^ofand  examine  any  mmera. 

KULES  AND   REGULATIONS^  ^^^ 

LIEUT..GOVERNOR  ^^V  "e^::feil  may  mau!  such  or- 
,«,  The  Lieutenant.Governor  n  Counc-  >  ^_^  ^^^^  „„, 
f  •    1  ,„  deemed  necessary  from  t  me  to  .^^^__^    ^^  ,„ 

ders  as  are  ae  accordmg  to  »•">'"  orovision 

the  provisions  of  tms  j^v-  ^  ,       vyhich  no   Pr"" 

*«et  the   cases  which  "^y  "««   ^nd  ^^^^  j,        j.  „ 

lieving  agamst  <»''"™'^^^,„e  any  regulations  wh'ch  »«  c 
^y  farther  "f^^"*  tVp^visions  in  this  clause  con.a.ned   ^^ 

:^dt;  or  any  regulations  -^'^^^^d  further  impose  oe. 
.ions,  and  make  others  m 


MINING  LAWS. 


40» 


allies  not  exceeding  two  hundred  dollars,  or  not  exceedingr 
three  months'  imprisonment,  for  violation  of  any  regulations 
under  this  Act;  and  further  provide  that  any  statement  or  re- 
turns required  to  be  made  by  said  regulations  shall  be  veri- 
fied on  oath.  Every  order  or  regulation  made  by  virtue  of  the 
provisions  of  this  section  shall  have  force  and  effect  only  aiter 
the  same  has  been  published  for  two  successive  weeks  in  the 
British  Columbia  Gazette;  and  such  orders  or  regulations  shall 
be  laid  before  the  Legislative  Assembly  within  the  first  fifteea 
days  of  the  Session  next  after  the  date  thereof. 


TAXATION    OF    MINES    AND    MONEYS    INVESTED 

THEREIN. 

MINES  TO  BE  TAXED.  Sec.  i6a.  Notwithstanding  any- 
thing contained  in  this  Act,  mines  and  moneys  invested  thereini 
shall  not  be  exempt  from  taxation,  but  shall  bear  such  rate  a» 
may  be  imposed  by*  any  law  in  the  Province. 

ANNUAL  TAX  LEVIED  ON  EVERY  CLAIM  HELD 
UNDER  CROWN  GRANT.  Sec.  163.  There  shall  be  levied 
and  collected  from  the  owner  or  occupier  of  every  mineral  or 
placer  claim  of  which  a  Crown  grant  has  issued,  including^ 
Crown  grants  issued  under  authority  of  au  Act  made  and 
passed  in  the  36th  year  of  Her  Majesty's  reign,  intituled  "An. 
Act  to  amend  the  'Gold  Mining  Ordinance,  1867,'  and  the 
'Gold  Mining  Amendment  Act,  1872,'  "  an  annual  tax  of  twenty- 
five  cents  for  every  acre  and  fractional  part  of  an  acre  of  land 
conveyed  by  the  grant,  payable  on  the  30th  day  of  June  ia 
each  year.  Such  tax  shall  form  a  charge  upon  the  claim.  The 
Assessor  appointed  under  or  by  virtue  of  any  existing  Assess- 
ment Act,  or  any  Collector  appointed  under  the  "Provincial 
[Revenue  Tax  Act,"  is  hereby  authorized  as  to  the  mineral  or 
I  placer  claims  situate  within  the  district  for  which  he  is  ap- 
pointed, to  collect  and  receive  the  tax.  In  the  event  of  the 
|tix  not  being  paid  to  the  Assessor  or  Collector,  the  Gold  Com- 
jmissioner  may  in  his  discretion  cause  the  claim  upon  which  the 
jtix  is  charged  to  be  offered  for  sale  by  public  auction,  of  whicb 
Iftxty  days'  notice  shall  be  posted  upon  the  principal  Court 
IHouse  of  the  district  in  which  the  claim  is  situate,  and  in  one 
fiewspaper,  if  any,  published  in  such  district,  and  may  sell  sucb 


\\ 


«; 


410 


BRITISH  COLUMBIA. 


•claim,  receive  the  purchase  money,  and  execute  a  conveyance 
-thereof  to  the  purchaser.  The  purchase  money  shall  be  ap- 
-plied  in  payment  of  the  expenses  of  advertising  and  the  pay- 
ment of  the  tax,  and  any  surplus  shall  be  paid  into  the  Treas* 
-ury  in  trust  for  the  owner  of  the  claim.  In  the  event  of  there 
1}e:njgr  no  purchaser,  or  if  the  price  offered  shall  not  be  sufficient 
io  pay  the  tax  and  expenses  of  advertising,  the  land  shall  ab- 
•solutely  revert  to  the  Province,  and  the  Crown  grant  thereof 
shall  be  deemed  void.  The  Assessor  or  Collector  may,  before 
•ofiFering  the  claim  for  sale,  sue  the  owner  or  occupier  for  the 
lax,  in  a  summary  manner,  before  any  Justice  of  the  Peace, 
who  may  adjudge  the  same  to  be  paid;  and  in  default  of  pay- 
ment the  amount  due,  together  with  costs,  may  be  recovered 
by  distress  of  the  goods  and  chattels  of  the  person  against 
whom  the  tax  may  be  recovered:  Provided,  that  if  the  owner 
of  any  such  mineral  or  placer  claim  shall  establish,  to  the  sat- 
isfaction of  the  Gold  Commissioner,  Mining  Recorder,  or  As- 
sessor and  Collector  of  the  district  in  which  the  claim  lies, 
that  the  sum  of  two  hundred  dollars  has  beeh  expended  thereon 
in  labor  or  improvements  in  any  one  year,  then  the  tax  shall 
not  be  levied  in  respect  of  such  claim  for  such  year. 

CHANGE  OF  NAME.  Sec.  164.  Where  a  claim  has  been 
recorded  under  any  name,  and  the  owner  or  his  agent  is  de- 
sirous of  changing  the  same,  the  Recorder  of  said  mining  di- 
'vision  may,  upon  application  being  made  by  such  owner  or 
agent,  and  upon  payment  of  a  fee  of  twenty-five  dollars,  amend 
the  record  accordingly:  Provided,  however,  that  such  change 
of  name  shall  not  in  any  way  affect  or  prejudice  any  proceed- 
ings or  execution  against  the  owner  of  the  said  claim. 

EVIDENCE  OF  LOCATION  DESTROYED.  Sec.  165. 
\\'henever  through  the  acts  or  defaults  of  any  person  other 
than  the  recorded  owner  of  a  mineral  claim  or  his  agent  by 
him  duly  authorized,  the  evidence  of  the  location  or  record  on 
the  ground,  or  the  situation  of  a  mineral  claim,  has  been  de- 
stroyed, lost,  or  effaced,  or  is  difficult  of  ascertainment,  never- 
theless, effect  shall  be  given  to  same  as  far  as  possible,  and  the  j 
Court  shall  have  power  to  make  all  necessary  inquiries,  di- 
rections and  references  in  the  premises,  for  the  purpose  of 
carrrying  out  the  object  hereof,  and  vesting  title  in  the  first  j 
bona  fide  acquirer  of  the  claim. 


AC 

ncntio 

bat  su( 

said  A( 

time  pr 

such  rej 

any  rig} 

any  act 

Acts. 

The  " 

ment   ^c 

%."  the 

eral  Act  ^ 

,  PHNDJ 

^'othing  h 
pending  at 
S^c.  168 

^  REPEA 

Sec.  169.    ( 

[era]  Act,"' 
^'^  hereby 

|sch£dul: 


I. 


r^  ciaini.  tc 

"section  of  t^ 

7  clain,  Jiel 

^«  location  jf 

Dated  thi 

Take 


Us 

care  I 


MINING  LAWS. 


411 


»• 

re 

nt 

lb- 

eoi 

ore 

the 

ace, 

pay- 

ered 

ainst 

wner 

J  3at- 

r  As- 

i  lies, 

lercon 

r  sViaU 


been 

is  dc- 
ing  di- 
rtier or 

amend 

change 

proceed- 

L   other 
|gent  fey 
;cord  00 
Ibeen  de- 
It,  ncve^- 
and*e' 

^iries.  d*; 
irpose  oi 

tw  ftr*M 


VIII. 
REPEALING  CLAUSE. 

ACTS  REPEALED.  Sec.  166.  The  Acts  and  parts  of  Acts 
mentioned  in  this  section  shall  stand  repealed  and  be  repealed; 
but  such  repeal  shall  not  be  deemed  to  imply  that  any  of  the 
said  Acts  or  parts  of  Acts  which  have  been  repealed  at  any 
time  prior  to  the  passing  of  this  Act  have  been  in  force  since 
such  repeal:  Provided  further,  that  such  repeal  shall  not  affect 
any  rights  acquired,  or  any  liabilities  or  penalties  incurred,  or 
any  act  or  thing  done,  under  any  of  the  said  Acts  or  parts  of 
Acts. 

The  "Mineral  Act,  1891,"  the  "Mineral  Act  (1891)  Amend- 
ment Act,  189a,"  the  "Mineral  Act  (1891)  Amendment  Act, 
1893,"  the  "Mineral  Act  Amendment  Act,  .1894,"  and  the  "Min- 
eral Act  Amendment  Act,  1895,"  are  hereby  repealed. 

PENDING  LITIGATION  NOT  AFFECTED.  Sec.  167. 
Nothing  herein  contained  or  enacted  shall  affect  any  litigation 
pending  at  the  time  of  the  passage  of  this  Act. 

Sec.  168.    Obsolete. 

REPEALS  CERTAIN  PROVISIONS  C.  A.  1888,  c.  83. 
Sec.  169.  Sections  5,  6,  13,  19,  20,  22,  27,  28  and  29  of  the  "Min- 
eral Act,"  being  chapter  82  of  the  "Consolidated  Acts,  1888," 
are  hereby  repealed.     1897,  c.  28,  s.  21. 


[SCHEDULES    FOR   USE   UNDER   BRITISH    COLUMBIA 

LAWS. 

(From  the  Statutes  of  1896.) 


FORM   A.~LOCATION   NOTICE. 

Mineral   Claim. 

I have  this  day  located  this  ground  as  a  min- 

Tal  claim,  to  be  known  as  the  Mineral  Claim, 

feet  in  length  by  feet  in  breadth.    The 

lirection  of  the  location  line  is   and   feet  of 

fc  claim  lie  vo  the  right  and   feet  to   the  left  of 

|i«  location  line. 

Dated  this   day  of  ,   189.. 

Take   care   to    number   the     posts    i,    2,    making    the     initial 
pst  1.  


!  I 


1    \f 


i 


4X4  BRITISH  COLUMBIA. 

FORM   B.— RECORD   OF   MINERAL   CLAIM. 

Mineral  Claim. 

No.  of  Certificate,  

Located  by:  (Set  out  the  name  and  receipt  form  of  pay* 
ment  of  the  record  fee  of  each  locator,  and  the  No.  of  each 
locator's   Free  Miner's  Certificate  opposite  such  name.) 

The  claim  is  situate  

The  direction  of  the  location  line   is    

The  length  of  the  claim  is  feet. 

The  claim  was  located  on  the  day  of  189.. 

Recorded  this  day  of  189.. 

,    Mining    Recorder. 

(If  the  stakes  are  not  on  the  location  line,  comply  with  sec. 
18.) 


FORM   C— RECORD  OF  PARTNERSHIP   MINERAL 

CLAIM. 

Mineral  Claim. 

Located  in  the  partnership  name  of  

The  members  of  the   partnership,  and  the  Nos.   of  their  re- 
spective   Free    Miner's    Certificates    are    

The  receipt  form  of  payment  of  the  record  fee. 

The  claim  is  situate  

The  direction  of  the  location  line  is  

The  length  of  the  claim  is  feet. 

The   claim   was  located   on  the    day   of    ,  i89- 

Recorded  this  day  of  ,  189.. 

,   Mining   Recorder. 

(If  the  stakes  are  not  on  the  location  line,  comply  with  sec 
z8.) 


day 

0/  St 

twe/v 

•ec.  i 

Sw 

(Tl 

tered 


This 
•tatemer 
day  of 
filed  in 
act  in  th 
respect  o 
Dated, 


POR] 


Situate 
^Vhere  ]] 
■Take    „c 
No.  ..,_ 

'"  fJ'e  *n,in| 

'°«  purpose, 

And  furtj 

''*  commenj 

P^ovements.  j 

Dated  thi 


FORM    D.—APPLICATION    FOR    CERTIFICATE   OF 

WORK. 

Affidavit.  _   p... 

I of    in    the    District    of    ,  fr^*"        ^^^ 

miner,  make  oath  and  say: 

I  have  done,  or  caused  to  be  done,  work  on  the  

Mineral  Claim,  situate  at  ,  in  the  District  of  ■ti.t,' 

to  the  value  of  at  least  one  hundred  dollars,  since  the -^r^ 


oath 


)ay- 
:acb 


189- 

order. 

li  sec 


lAL 


heir  le- 


:E  OF 


)i  •■ 


MINING  LAWS. 


4x3 


day  of  189...    The  following  is  a  detailed  statement 

of  such  work:  (Set  out  full  particulars  of  the  work  done  in  the 
twelve  months  in  which  such  work  is  required  to  be  done  by 
tec.  24,) 

Sworn,    etc.  

(This  affidavit  may  be  made  by  an  agsnt,  and  can  be  al* 
tered  to  suit  circumstances.) 

FORM   E.-CERTIFICATE   OF  WORK. 

(Name  of  claim)  Mineral  Claim. 
This   is   to    certify   that   an   affidavit   setting    out   a   detailed 

statement  of  the  work  done  on  the  above  claim  since  the 

day  of   ,   i89">   made  by    ,  has   this   day  been 

filed  in  my  office,  and  in  pursuance  of  the  provisions  of  Ihe 
act  in  that  behalf,   I  do  now  issue  this  certificate  of  work  in 

respect  of  the  above  claim  to 

Dated,    , 

Gold  Commissioner  or  Mining   Recorder. 


FORM    F.-CERTIFICATE   OF   IMPROVEMENTS. 

Notice. 
Mineral  Cl&im. 

Situate  in  the  ,  Mining  Division  of  District. 

Where  located. 

Take    notice    that    I,    ,    Free    Miner's    Certificate 

No intend,  sixty  days  from  the  date  hereof,  to  apply 

tu  the  mining  recorder  for  a   certificate  of  improvements,  for 
the  purpose  of  obtaining  a  Crown  grant  of  the  above  claim. 

And  further  take  notice,  that  action,  under  section  37,  must 
I  be  commenced  before  the  issuance  of  such  certificate  of  im- 
jprovements. 

Dated  this   day  of  ,  189.. 


FORM    G.— APPLICATION    FOR    CERTIFICATE    OF 

IMPROVEMENTS. 

Applicant's  Affidavit.                    , 
I,  ,  of  ,  in  the  District  of  

ke  oath  and  say: 


li 


!■    ; 


li 


m 


4M 


BRITISH  COLUMBIA. 


X.  I,   the  recorded  holder,  and  am  in  undisputed 

possession  of  the   Mineral  Claim,   situated  at    , 

in  the  District  (or  Division)  of  

2.  I,  have  done,  or  caused  to  be  done,  work  on 

the  said  claim  in  developing  a  mine  to  the  value  of  at  least 
five  hundred  dollars,  full  ^particulars  whereof  are  hereunto 
annexed  and  marked  "A." 

This  affidavit   may   be   made   by  an   agent,   duly   authorized, 
in  writing,  and  can  be  altered  to  suit  circumstances. 

3.  I,  found  a  vein  or  lode  within  the  limits  of  the 

said  claim. 

4.  I,    ,   had   the   claim   surveyed   by    , 

who  has  made  three  plats  of  the  said  claim. 

5.  I,  placed  one  such  plat  on  a  conspicuous  part 

of  the  land  embraced  in  such  plat  on  the  day  of  , 

189.. 

6.  I,   ,  posted  a  copy  of  the  notice  hereunto  an- 
nexed,   and   marked    "B,"   at   the   same   place   as    said   plat  is 

posted,  on  the  day  of   ,  i8g..,  and  another  copy 

on  the  Mining  Recorder's  ofRce  at   ,  on  the    day 

of    ,    189..,    which    said    notice    and    plat    have    been 

posted,  and  have  remained  posted,  for  at  least  sixty  days  con- 
currently with  the  publication  of  the  said  notice  in  the  British  1 
Columbia  Gazette. 

7.  I,   ,  inserted  a  copy  of  the  said  notice  in  the] 

British  Columbia  Gazette,  where  it  first  appeared  on  the  . 

day  ol     189..,  and  in  the  a  newspaper  pubv 

lished  in  the  province  and  circulating  in  the  district  in  whicb| 
the  said  claim  is  situated,  where  it  first  appeared  on  the  . 

day  of   ,   189..,  and  was  continuously  published  for  sixtyj 

days   concurrently   with   the   publication   of   the    said   notice  m 
the  British  Columbia  Gazette  prior  to  the  date  of  this  atiidavit. 

8.  I ,  deposited  a  copy  of  the  field  noteS  and  plat 

the  Record  Office  at  ,  on  the  day  of  

169..,  and  they  remained  there  for  reference  for  sixty  day^  con 
currently  with  the  publication  of  the  said  notice  in  the  Britisl 
Columbia  Gazette. 


of 


Thi 

proved 
ProvisJ 


of 


imp; 


situate 
suance 
certificai 

i^ated 

This   ( 

applied  f, 

(form 


local 


3^our  aj 


^Particulars  must  be  exclusive  of  all  houses  and  other  lil 
improvements. 


le 

a  noi 

^n  poj 

Q   c 

ani 


0< 


WINING  LAWS. 
Sworn  and  subscribed  to 
'   '89..,   before  me'"* 


at 


this 


41S 

day 


FORM    H.^CERT1FICATE    nv    r. 

^CATE    01.    IMPROVEMENIS 

^.This  is  to  certify' 'thai *"^  ^'*'«- 

district  of  .  ,,       ,   of 

■>'-«..  .0  «.y'.'..ui;c.irn  .h«"i:'' p"«""  No:".;.;.'" ,;tr 

Pro,„i„„.  „,  ,h.  "Mineral  a".-".:  ""'.  r"""'""   *"1  all'  u" 

irr""" '» "'•>«'  o?  .h.° .""'" ""» ;°. "  '".melt 

-ance  "    ii.' ' " I' ■' ■ '"  "«  !"«««  of '.".V;-   "'""".Claim, 
certificate  !,f  ■  """"""a  o*  the  ..id  Aci  I  A "''  '"  >""■ 

•• .  ..:.'..T°'''"'"''' "■  -p- o' ufabrer™''''* 

Dated  ""•   '** 

°  *"**  circumstancesj 

FORM   I.-MINING   READER'S    CERTTKr.. 
Alining   Division  CERTIFICATE. 

..;;;••• Mineral  Claim."*"    ^'''''''' 

"*  ^ate  recorded, 

S>r:-I    herewith    enclose    the   followinir   d 

»o»  for   a   certificate   oH^n       ""'"''    ^^^^^»"» 

Copy  of  plat  of  claim '   ^^^^'"^^"^   (Form   H). 

nott  of  J    '^'^  ^"'*"y  t^«  

|P^"od  a  notice' "in   ^       1 '^-  ^nd  .     «««'«Paper 

^•d  claim  deposited  for  refereU^  '  ^  "°'*^  ^"^  P^at  of  the 
P°''«  of  any  action  having  tercomm?  f  ^^'  ^"^  ^^^'  «: 
I  *f  »een  commenced  against  the  issu- 


I^ate  located, 
lo  .... 


to  your 


4ltf 


BRITISH  COLUMBIA. 


iii 


ance   of  a   certificate   of   improvements   to   the   said   claim  has 
t)een  filed  in  this  office  up  to  this  date. 

The  recorded  owner  of  the  said  claim  at  this  date  is  

Dated  ,  189.. 

,    Mining   Recorder. 


FORM  J.-MILL  SITE. 

NOTICE. 
Take  notice  that  I,  of  ,  in  the  Dis- 
trict of  ,  Free  Miner's  Certificate  No ,  intend 

sixty  days  from  the  date  hereof,  to  apply  for  acres  of 

land  for  a  mill  site,  situate  at  ,  in  the  District  of  , 

«8  a  mill  site. 


the 

"Mi 

I; 

liand 

Si- 


Dated 


FORM  K— MILL  SITE. 

AFFIDAVIT  OF  APPLICANT  PRIOR  TO  LEASE. 

I,   ,  of   in  the   District  of 

free  miner,  make  oath  and  say: 

1.  I  have  marked  out  the  land  required  by  me  for  a  mill 
«ite,  by  placing  a  legal  post  at  each  comer. 

2.  I  have  posted  a  notice  on  each  such  post,  and  on  the  Min- 
ing Recorder's  office  at  ,  a  copy  of  which  notice  is  here- 
unto annexed,  and  marked  "A." 

3.  The  said  land  is  not  known  to  contain  minerals,  and  ii) 
not,  tu  the  best  of  my  knowledge  and  belief,  valuable  as  min- 
«ral  land.  


FORM   L.— LEASE  OF  MILL  SITE. 

This  indenture,  made  the  day  of   189..,  b^| 

tween .,  the  Gold  Commissioner  for  the  District 

of  ....; (hereinafter  called  the  lessor),  of  the  one  part,| 

and  of   in  the  district  of   »  *| 

free   miner    (hereinafter   called   the    lessee),    of  t!  e   other  partij 
witnesseth,  that  in  the  exercise  of    the  powers    vested  in  bia>| 
by  the  "Mineral  Act,"  he,  the  said  lessor,  doth  hereby  demi* 
unto  the  said  lessee,  his  executors,  administrators  and  assigns 
£.\\  that  (describe  the  mill  site)  for  the  term  of  one  year  froii 


la 


^0  all  w 
,  ,f  ^^^e  not. 

\  t  ^°'  ^l 
Ik    ^   said 

'    Oated 


•  •• ., 


MILL  SITE 

'■"ds  and  «.,,.     ~''  *«  ««1  parti.,  have  hereunto  ,ct  ,h.- 
S..n.d,   sealed,   and  delivered  " 


I  GRANT  ^    ^^    CROWN 

r^'"  -  S:i:s''^' " '""' " 


chrtzpS  op  ^^"'-  '"^■ 


works 


certify  that 


TS. 


"".Ks  or   machinery    for       •'•"" 


has 


put   or  constructed 


m 


^nd  dem  ,td  h    '  '^"^'^  dollars,  o"    "eVn"'''""''  •»   ^' 
'«»  .  and  n^^t  ^,^^ '"den.ure  dated  the     .    °  """/««  described 

of  .not,    .  between   ....  <*ay  of  .... 

°'  such    lease.  during  the  .  i  I 

r„,,    !f  ^"^  existence 

P^,,,  ^^^^    Commissioner. 

;^"Vdan;a;e^r„rdoT'''^'"''"'«-^^^^^  oi'  °*"" 


IS-Uu."'"   """« 


to  his  said 


°''"d  r.'':r.^ »  "^>"'''    °"    """    "P-s    conditions: 
•r  '   ^"^^^^   Commissioner. 


r  ' 


1.-^ 


HIU 

1 

lllHi 

' 

^HR'' 

IWi 

HH 

i^^S; 

!  m 

H 

MB 

' 

r 

!: 

1 

4«8 


BRITISH  COLUMBIA. 
FORM   P.— MILL   SITE. 


APPLICATION  FOR  CROWN   GRANT. 

To  the  Mining  Recorder  at  

Sir: — 1   enclose  herewith  the   sum   of    dollars   and 

the  under  mentioned  documents: 

L«ase  of  mill  site.  Plat  of  mill  site.  Surveyor's  field  notes. 
Certificate  of  Improvements.    Affidavit  of  applicant. 

And  I  now  apply  for  a  Crown  grant  of  the  mill  site  demised 
by  the  above  mentioned  lease. 

Yours  respectfully,  

Forms  U  &i^d  R  repealed  1897. 


FORM    S.— FOR    A    FULL    CLAIM. 

Mining   Division,    District. 

I»  A.   B.,  of   ,  in  the  Mining  Division  of 

District,  free  miner,  make  oath  and  say: 

1.  I  am  the  holder  of  Free  Miner's  Certificate  No ,  dated 

day  of  ,  18..,  and  issued  at  

2.  On  the  day  of  .........  ib..,  I  located  the  

Mineral  Claim,  situated  (here  describe  position  of  claim  as  near 
as  possible,  giving  the  name  or  names  of  any  Mineral  Claim 
or  claims  it  may  join.) 

3.  I  have  placed  a  No.  i  and  a  No.  2  and  a  discovery  poat 
of  the  legal  dimensions  on  the  said  claim,  with  the  legal  no- 
tices on  each  post. 

4.  I  have  written  on  tire  No.    i   post  the  following   wurds: 


5.   I  have  written  on  the   No.   2  post  the  following   words: 


6.  That  I   have  found   n:ineral   in  place  on  the   said     laim. 

7.  That  I  have  marked  the  line  between  No.  i  and  No.  2 
posts,  as  required  by  section  16  of  this  Act. 

8.  That  to  the  best  of  my  knowledge  and  belief  the  ground 
comprised  within  the  boundaries  of  the  said  claim  is  unoccupied 
by  any  other  person  as  a  Mineral  Claim ;  that  it  is  not  occu"  ^ « 
by  any  building  or  any  land  falling  within  the  curtilage  oi  an> 
dwelling  house,  or  any  orchard,  or  any  land  under  cultivation, 
or  any  Indian  reservation. 

NOTE.— This  declaration  may  be  made  by  an  agent. 


Dis 

I, 

date 

2. 

the 

3- 

on  th 
west 
sketcli 
4.  J 
'^  the 
t'Ces  o 

5.  I 

6.  i' 

7.l'l 
8.  I^ 
as  requi 

9.  Th; 
comprise 
i«  unocc 
'^  's  not 

*he  cur, 
land  r  j 
NC,;< 


for  ever^r 
For  every 
^<^"  .>an 

(b.;     ^ 

^^y  subs^ 


£v( 


MINING  JLAV\  S. 

"'Strict,  free  miner,  m^k^  oath  knrf*      '"'"«  ^^^«ion  of 
I.  I  am  the  holder  of  Fr'e  S^     ^^'' 

the  ^"  '^% day  or:.  '••' '"'  "T^ " ;;;;;•• 

.......     fractional   mineral  claim       1"  ^  ^^'^^'^^d  

3-  This  IS  a  fractintiai    i  •       *^^a*">»   situated  • 

o»  the  «.uth  b;™"'"'"'  «'•"»  bounded  on  ,h,  i;-;^"; 

west   by   .  y-:-  °n  'he  cast  by  ™  ""^^ 

*  I   have  written  on  the  No    , 

■■■^■■ihavVwritte  "'  "'"°'''"'  -«"== 

"-ve  written  on  the  No    , 

"■^1  W^Vo     d  *""  "•  "'"°-'»«  word.: 

comprised  within  the  L^J  knowledge  and  belief  the 

«  unoccuo'cd  h„  boundaries  of  the  soM   .       .    '  "ooai, 

made  by  an  agent. 


4X» 


SCALE   OF  FKFQ  Tr^    T>^ 

:«  every  F,«  «,„„.    ^''^.^  ^°  »^  CHARGED. 

(b1     :^'""*  »  nominal  capita!  «/  * 
^'"^substituted  certi;'^;..".*.*;.«>      '  *'"''°~"- "  '- « 

«  00 


■*     I'M 

flu 


^inmf»f^- 


4ao  BRITISH  COLUMBIA. 

Recording  any  claim $a  50 

Kecording    every    certificate    of    work 250 

Recording  any  "lay  over,"  or  every  other  record  re- 
quired to  be  made  in  the  "Record  Book" 250 

Recording   every   abandonment,   including  the   memoran- 

dum  to  be  written  on  the  record 250 

For  any  other  record  made  in  the  "Record  of  Abandon- 

ments" a  50 

For  recording  every  affidavit,  where  the  sum  does  not  ex- 
ceed three  folios  of   100   words 250 

For  every  folio  over    l.r*e.  30  cents  per  folio. 

The  above  rate  shall  ^  irged  for  all  records  made  in 

the  "Record  of  Affiu.    ,t»." 

For  all  records  made  in  the  "Record  of  Conveyances," 

wbere  the  same  do  not  exceed  three  folios 250 

For  every  folio  over  three,  a  further  charge  of  30  cents 
per  folio. 

For  all  copies  or  extracts  from  any  reccrd  in  any  of  the 
above-named  books,  where  such  copy  or  extract  shall 
not   exceed   three   folios,    per   copy 250 

Where  such  copies  or  extracts  exceed  three  folios,  30 
cents  per  folio  for  every  folio  over  three. 

For   filing    any    document »S 

For   a    Crown   grant 500 


-«ov:kce  op  BKrnsH  cox.umbu. 

PLACER    MINING   ACT,    .,,, 
(As  amended  in  rfi«.     » 

Legislative  AsaVb^'o"/   ""^  "■'   ^"'"^  and   co„s.„.      ,     . 

conslruclioD   of  ,u:      a        ''"•    '■    (1806    c     „ 

•"e  come«?"  ""-"^^   '"P«.iv.„,  Ur  ronsi«  ""  "''' 
M'«."    "Placer    „,„e "        .  -"^nsisten,    ^..fc 

or  interest  i„  any  Z'L  "^^"    *^^   P^^^nal   right   nf 

erty"  shaJJ  be  inclulf     "''"^'  «"d  'n  the  term"   ^^  P'^P^^X 

used  for  nirr  J  ^'"^  '^''^^y  placer  claim  %•!?     ""'"'"«  P^-^P- 

-^  th/ret'J  :;  ^r "  ^"^^°^^^'  -^  an  o^w'  th'  "'^"  "^'* 
«J'a"  be  divided  inf  '"  *^"  ^^''k'ng  thereof  p?"*'  ^*^°"«- 
»in&s,  bench   w  *°   "^^'^   diggings     h«r  !       .^^**'*'   cla»m» 

.  ''C^ee^^  dUr ^^^^^  "'^•"^^'    ^'^   ^'•- 

•••ver.  stream,  or  ravin.  ^^"  ^"^^   "^'ne  ia   the   h.^     , 

"^^r  digg  „  J/3^'";'  «<^<^Pting  bar  diggi„'  f '   ^"^   °^  ^ny 

t'-^nds  when  in  Tts  flooi  ^'^^  ^"^  »"»"«  ov^  which        • 

"Ory  diggJni;..^!^,^^  **ate.  ^h,ch  a  „ver  ex- 

»-er  extendi^'      '''"    "^^«"    any   mine   over   which  • 

"Bench    digging..    ,»,  „  «=r  which    a   nver 

shall,  fnr  thr  ^f.    ^       '^^"    n^ean    any    min. 

:«r£-^HC^:f  U'r  —  .•-. « . 

(  421  > 


1  -  If   |, 


1  !  i^; 


'   5J  'ij 


BRITISH  COLUMBIA. 


'"Stnouns  and  ravines"  shall  include  all  natural  watercourses 
^Whether  «isually  containing  water  or  not,  and  all  rivers,  creeks 
«and  gulches. 

"Ditch"  shall  include  a  flume,  pipe,  race,  or  other  artificial 
means  for  conducting  water  by  its  own  weight,  to  be  used  for 
mining  purposes. 

''Ditch  head"  shall  mean  the  point  in  a  natural  water-course 
or  lake  where  water  is  first  taken  into  a  ditch. 

'*'Free  miner"  shall  mean  a  person,  or  joint  stock  company, 
(or  foreign  company  named  in,  and  lawfully  possessed  of,  a  valid 
existing  free  miner's  certificate,  and  no  other. 

"Legal  post"  shall  mean  a  stake  standing  not  less  than 
lour  feet  above  the  ground,  and  squared  or  faced  on  four  sides 
lor  at  least  one  foot  from  the  top,  and  each  side  so  squared 
or  fac^d  shall  measure  at  least  four  inches  on  its  face  so  far 
as  squared  or  faced,  or  any  stump  or  tree  cut  off  and  squared 
or  faced  to  the  above  height  and  size. 

"Record,"  "register,"  and  "registration"  shall  have  the 
same  meaning,  and  shall  mean  an  entry  in  some  official  book 
kept  for  that  purpose. 

"Record,"  when  used  without  qualifying  words  showing  that 
a  different  matter  is  referred  to,  shall  be  taken  to  refer  to  the 
record  of  the  location  oi  a  placer  claim. 

^'FuU  interest"  shall  mean  any  placer  claim  of  the  full  size, 
or  one  of  several  shares  into  which  a  mine  may  be  equally  di- 
vided. 

"Close  season"  shall  mean  the  period  of  the  year  during 
which  placer  claims  in  any  district  are  laid  over  by  the  Gold 
Commissioner  of  that  district. 

"Cause"  shall  include  any  suit  or  action. 

"Judgment"  shall  include  "order"  or  "decree." 

"Real  estate"  shall  mean  any  placer  mineral  land  held  in  fee 
aimple. 

"Joint   Stock   Company"   shall   mean  any  company  duly  in- 
corporated  for  mining   purposes   under   the   "Companies   Act," 
"Companies   Act,    1890,"    and    any   company    duly   incorporated 
in   British   Columbia  for   mining  purposes    under  the    "Com- 
ipanles  Act,    1862"    (Imperial),   and  shall  include  all  companies 
•falling  under  the  definition  of  a  foreign  company  in  the  "Com* 
^anies  Act."  ^ 


I 

over 

stocl 

of  a 

takin 

come 

liabili 

full  a, 

pany 

tificat< 

DU 

certific 

^he  dal 

«xfstinj 

out  in 

one  jof] 

FOR 

foIJo;vin 


MODE 

ii» 


PLACER  MINING. 


443 


FREE  MINERS  AND  THEIR  PRIVILEGES. 

FREE  MINER'S  CERTIFICATE.  Sec  3.  Every  person 
over,  but  not  under,  eighteen  years  of  age,  and  every  joint 
stock  company,  shall  be  entitled  to  all  the  rights  and  privileges 
of  a  free  miner,  and  shall  be  considered  a  free  miner,  upon 
taking  out  a  free  miner's  certificate.  A  minor  who  shall  be> 
come  a  free  miner,  shall,  as  regards  his  mining  property  and 
liabilities  contracted  in  connection  therewith,  be  treated  as  of 
full  age.  A  free  miner's  certificate  issued  to  a  joint  stock  com* 
pany  shall  be  issued  in  its  corporate  name.  A  free  miner's  cer* 
tificate  shall  not  be  transferable. 

DURATION  OF  CERTIFICATE.  Sec.  4.  A  free  miner's 
certificate  may  be  granted  for  one  or  more  years  to  run  from 
the  date  thereof,  or  from  the  expiration  of  the  applicant's  then 
existing  certificate,  upon  the  payment  therefor  of  the  fees  set 
out  in  the  Schedule  of  Fees  to  this  Act.  Only  one  person  or 
one  joint  stock  company  shall  be  named  therein. 

FORM.  Sec.  5.  A  free  miner's  certificate  shall  be  in  the 
following  form: — 

BRITISH  COLUMBIA. 


No. 


Free  Miner's  Certificate. 

NOT  TRANSFERABLE. 

Date. 

Valid  for  year       only. 

This  is  to  certify  that  of  has  paid  me 

this  day  the  sum  of  ,  and  is  entitled  to  all 

rights  and  privileges  of  a  free  miner,  for  year      from 

the  day  of  »  z8     . 

(Signature  of  Gold  Commissioner  or  Mining  Recorder, 

as  the  case  may  be.) 

MODE  OF  RENEWAL  OF  CERTIFICATE.  Sec.  6.  If 
any  person  or  joint  stock  company  shall  apply  for  a  free  miner's 
certificate  at  the  Mining  Recorder's  office  during  his  absence, 
and  shall  leave  the  fee  required  by  this  Act  with  the  officer  or 
other  person  in  charge  of  the  said  office,  he  or  it  shall  be  en> 
titled  to  have  such  certificate  from  the  date  of  such  application; 
and  any  free  miner  shall  at  any  time  be  entitled  to  obtain  a 


'    ! 


-i^: 


I    I'M 


t  , 


I1 1 


424 


BRITISH  COLUMBIA. 


free  miner's  certificate  commencing  to  run  from  the  expiration 
of  his  then  existing  free  miner's  certificate,  provided  that  when 
he  applies  for  such  certificate  he  shall  produce  to  the  Minmg 
Recorder,  or  in  case  of  his  absence  shall  leave  with  the  officer 
or  other  person  in  charge  of  the  Mining  Recorder's  otiice,  such 
existing  certificate. 

SUBSTITUTED  CERTIFICATE.  Sec.  7.  If  any  free 
miner's  certificate  be  accidentally  de.stroyed  or  lost  the  owner 
thereof  may,  on  payment  of  the  fees  set  out  in  the  Schedule 
to  this  Act,  have  a  true  copy  of  it,  signed  by  the  Mining  Re- 
corder, or  other  person  by  whom  cr  out  of  whose  office  the 
original  was  issued.  Every  such  copy  shall  be  marked  "sub- 
stituted certificate,"  and  unless  some  material  irregularity  be 
shown  in  respect  thereof,  every  original  or  substituted  free 
miner's  certificate  shall  be  evidence  of  all  matters  therein  con- 
tained. 

PENALTY  FOR  MINING  WITHOUT  CERTIFICATE. 
Sec.  8.  Every  person  and  joint  stock  company  engaged  in 
placer  mining  shall  take  out  a  free  miner's  certificate,  and  any 
person  or  joint  stock  company  who  mines  or  works  as  a  miner 
in  any  placer  claim,  or  on  any  bed-rock  fiume,  drain,  or  ditch, 
without  having  taken  out  and  obtained  such  certificate,  shall, 
on  conviction  thereof  in  a  summary  way,  forfeit  and  pay  a 
penalty  not  exceeding  twenty-five  dollars,  besides  costs:  Pro- 
vided, always,  that  nothing  herein  contained  shall  prejudice 
the  right  to  collect  wages  or  payment  for  work  done  by  any 
person  or  company,  who,  through  not  being  a  free  miner,  has 
rendered  himself  or  itself   liable   to  the  above   penalty. 

UNCERTIFICATED  PERSON  NOT  ENTITLED  TO 
INTEREST  IN  MINING  PROPERTY,  ETC.  Sec.  9-  (1895. 
c.  40,  s.  2.)  No  person  or  joint  stock  company  shall  be  recog- 
nized as  having  any  right  or  interest  in  or  to  any  placer  claim, 
mining  lease,  bed-rock  fiume  grant,  or  any  minerals  in  any 
ground  comprised  therein,  or  in  or  to  any  water  right,  mining 
ditch,  drain,  tunnel,  or  flume,  unless  he  or  it  shall  have  a  free 
miner's  certificate  unexpired.  And  on  the  expiration  of  a  free 
miner's  certificate  the  owner  thereof  shall  absolutely  forfeit 
all  his  rights  and  interest  in  or  to  any  placer  claim,  mining 
lease,  bed-rock  flume  grant,  and  any  minerals  in  any  ground 
comprised   therein,   and   in   or   to   any   and   every   water  right. 


OVVJV 

EES.    S 
«r  place 
«ny  vvorj 
^or  a  fre 
and  Jiabli 
account  ( 
due  or  t( 
duction  a 
son.    Eve 
'"S:  Recoi 
'■■oni  time 
directly  ei 
•"Jt  no  sui 
^"■om  makii 

PENAL 
'^'^s  to  paj 

.^°  the  Rec 

'"?  section 

,  '^'n«  false] 
'^ty  not  ex 
wther  with 

I  """fy  convic 

1^^^-   10.    Ev 


PLACER  MINING. 


425 


minins  ditch,  drain,  tunnel,  or  flume,  which  may  be  held  or 
claimed  by  such  owner  of  such  expired  free  miner's  certificate, 
unless  such  owner  shall,  on  or  before  the  day  following  the 
expiration  of  such  certificate,  obtain  a  new  free  miner's  certifi* 
cate.  Provided,  nevertheless,  should  any  co-owner  fail  to  keep^ 
up  his  free  miner's  certificate,  such  failure  shall  not  cause 
a  forfeiture  or  act  as  an  abandonment  of  the  claim;  but  the 
interest  of  the  co-owner  who  shall  fail  to  keep  up  his  free  min- 
er's certificate  shall  ipso  facto,  be  and  become  vested  in  his 
co-owners  pro  rata,  according  to  their  former  interests:  Pro- 
vided, nevertheless,  that  a  shareholder  in  a  joint  stock  company 
need  not  be  a  free  miner,  and,  though  not  a  free  miner,  shall 
be  entitled  to  buy,  sell,  hold,  or  dispose  of  any  shares  therein: 
And  provided,  also,  that  this  section  shall  not  apply  to  placer 
mines  for  which  a  Crown  grant  has  been  issued. 

OWNERS,  ETC.,  TO  PAY  THE  FEES  FOR  EMPLOY- 
EES. Sec.  9a.  (1895,  c.  40,  s.  10.)  Every  owner  of  a  mine 
or  placer  claim,  and  every  contractor  for  the  performance  of 
any  work  upon  a  mine  or  placer  claim,  shall  pay  the  annual  fee 
for  a  free  miner's  license  for  any  person  in  their  employment 
and  liable  for  the  fee,  and  may  deduct  the  amount  so  paid  on 
account  of  such  person  from  the  amount  of  salary  or  wages 
due  or  to  become  due  to  him  from  such  employer  upon  pro- 
duction and  delivery  of  the  receipt  for  such  tax  to  such  per- 
son. Every  such  owner  or  contractor  shall  furnish  to  the  Min- 
ing Recorder  or  Collector,  when  requested  by  him  so  to  do, 
from  time  to  time,  a  list  of  all  persons  in  his  employ,  or  in- 
directly employed  by  him,  liable  to  pay  the  said  license  fee;. 
but  no  such  statement  shall  bind  the  Recorder  or  excuse  him 
irom  making  due  inquiry  to  ascertain  its  correctness. 

PENALTY.  Sec.  9b.  (1895,  c.  40,  s.  n.)  If  any  person. 
fails  to  pay  the  said  licence  fee  for  his  employees,  or  to  deliver 
to  the  Recorder  or  Collector  the  list  mentioned  in  the  preced- 
ing section  when  required  to  do  so,  or  knowingly  states  any- 
thing falsely  in  such  list,  such  person  shall  be  liable  to  a  pen- 
alty not  exceeding  one  hundred  dollars,  to  be  recovered,  to- 
gether with  the  amount  of  the  unpaid  license  fees,  upon  sum- 
mary conviction  before  one  Justice  of  the  Peace. 

RIGHT   OF   CERTIFICATE-HOLDER   TO     PROSPECT. 
Sec.   10.    Every    free    miner    shall,    during    the    continuance    o£ 


*    \H 


p,i 


.4^ 


BRITISH  COLUMBIA. 


his  certificate  but  no  longer,  have  the  right  to  enter,  locate, 
-prospect,  and  mine  for  gold  and  other  precious  metals  upon 
any  lands  in  the  Province  of  British  Columbia,  whether  vested 
In  the  Crown  or  otherwise,  except  upon  Government  reserva- 
tions for  town  sites,  land  occupied  by  any  building,  and  any 
lard  falling  within  the  curtilage  of  any  dwelling  house,  and 
any  orchard,  and  any  land  lawfully  occupied  for  placer  mining 
purposes,  and  also   Indian  reservations. 

FREE  MINER  TO  GIVE  SECURITY  FOR  DAMAGE. 
Sec.  iz.  Previous  to  any  entry  being  made  upon  lands  already 
lawfully  occupied,  such  free  miner  shall  give  acfequate  security, 
to  the  satisfaction  of  the  Gold  Commissioner,  for  any  loss  or 
damage  which  may  be  caused  by  such  entry;  and  after  such 
entry  he  shall  make  full  compensation  to  the  occupant  or  owner 
of  such  lands  for  any  loss  or  damage  which  may  be  caused 
by  reason  of  such  entry;  such  compensation,  in  case  of  dispute, 
to  be  determined  by  a  Court  having  jurisdiction  in  mining 
disputes,  with  or  without  a  jury. 

Sec.  ij.    (Repealed  by  1896,  c.  35,  s.  3.) 

RIGHT  TO  KILL  GAME.  Sec.  13.  Any  free  miner  shall 
'be  at  liberty,  at  any  period  of  the  year,  while  actually  prospect- 
ing or  engaged  in  mining,  to  kill  game  for  his  own  use. 

"MINERAL  ACT,  1891."  Sec.  14.  A  free  miner  shall  have 
-all  the  rights  and  privileges  granted  to  free  miners  by  the 
••Mineral  Act,  1801." 


IL 

SIZE   AND   NATURE   OF   PLACER   CLAIMS. 

H.OCATING,    RECORDING.    RE-RECORDING,   WORKING 

AND  LAY-OVERS. 

Sections  15  and  16  repealed  1897. 

SIZE  OF  CLAIM  ON    DISCOVERY  OF  NEW    MINE. 
"Sec.    17.    If  any  free  miner,  or  party  of  free  miners,  discover 
a  new  mine,  and  such  discovery  be  established  to  the  satisfac- 
"tion   of  the   Gold   Commissioner,    placer   claims   of  the  follon-j 
-ing  sizes,  in  dry,  bar,  bench,  creek,  or  hill  diggings  shall  bej 
allowed,  viz.: 

To   one   discoverer,   one   claim 300   feet   in  leng 

To  a     irty  of  two  discoverers,  two  claims, 

amounting  together  to 600  feet  in  lengtbl 


To 

cJ 

To  i 

ar 

At 

claim 
A 
center 
c.xceed 

XE 

DOiV£ 

^'r  cem 

«bando] 

the  san 

deemed 
^^  consi 
forking 

MEAS 
«2e  of.p 

spective  , 

shap: 
r^'y  pia 

'1  form,  a 
^^iy  fixe 

?'''«  notice 
«»  'eet  anc 

«eed  100  fe 

LOCATJ 
,  •;°'»  made 
"^^  reason  , 

r^  Jocatior 


«7 


PLACER  MINING. 
To  a     party     of    thre*.     a- 

claim,.  amoun.i„7?o,«hn„""'     ">'« 

:And  to  each  member  of  «     ''****  '*«'  »*«   length 

<l'«ings   discovered   in   ft       ^*'*^°  Previously  workS-^",   .'° 
deemed  a  ne«r  «;  '^*   vicinity  of   bar   wT  '  *"^  <*nr 

be  considered  aT  one'"  V^^  ^^^^  A  dilveS'^I  ^'^"  »»* 
-^in.  and  Ce^^^ti^"^-  <''--  i"  ^^^1  t^rc^lt;" 
.  MEASUREMENT  OF  rr  at.. 

as  the  '7r.V.  ^^  «^°""d-    One  of  s«.t         ^*  *'°™^"  thereof, 
~  me     initial  oosf  "  ««  j  *  ^"^h  posts  shall  k-  .     * 

'We  notice  in  wr.?  **  °"  ^'^a*  Post  shall   k!         ^  ™''^^«d 

in  feef      ^       ''^"ting,  stating  the  narni    T ,     °*  P^^^ed  a  le*. 


•i 


If    ^-1  i 

li  f: 


Ill 


4J8 


BRITISH  COLUMBIA. 


record  itself,  and  subject  further  to  the  free  miner  having  com- 
plied with  all  the  terms  and  conditions  of  this  Act. 

RECORD    OF    CLAIM.    Sec.    23.    Every    free    miner   locat- 
ing a  placer  claim  shall  record  the  same  with  the  Mining  Re- 
corder of  the  district  or  division  within  which  the  same  is  sit- 
uate,   within    three    days    after   the    location    thereof,    if    located 
within  ten   miles  of  the   ofiice   oi    the  said     Mining     Recorder. 
One   additional    day   shall   be    allowed    for    making    such    record 
for   every   additional    ten    miles    or   fraction    thereof.    Such    rec- 
ord shall  be  made  in  a  book  to  be  kept  for  the  purpose  in  the 
office  of  the  said  Mining  Recorder,  .to  be  known  as  the  "Rec- 
ord Book,"  in  which  shall  be  inserted  the  name  of  the  claim, 
the   name   of   each    locator,   the    number   of   each    locator's   free 
miner's  certificate,  the  locality  of  the  claim,  its  length  in  feet, 
the  period  for  which  such  record  is  granted,  the  date  of  loca- 
tion, and  date  of  the  record:    Provided  that  a  free  miner  shall 
not  be  entitled  to  a  record  of  a  claim  until  he  shall  have  fur- 
nished  the   Mining   Recorder  with   a   written   statement  of  the 
above  particulars. 

FORFEITURE  BY  REMOVAL  OF  POSTS.  Sec.  24. 
After  the  recording  of  a  placer  claim,  the  removal  of  any  post 
by  the  holder  thereof,  or  by  any  person  acting  in  his  behalf, 
made  for  the  purpose  of  changing  the  limits  of  his  claim,  shall 
act  as  a  forfeiture  of  the  claim. 

PROPER  PLACE  TO  RECORD.  Sec.  25.  Upon  the  es 
tablishment  of  a  mining  division  and  the  opening  of  a  Mining 
Recorder's  Office  therein,  under  the  authority  of  this  Act,  such 
office  and  none  other  shall  be  the  proper  office  for  recording 
all  placer  claims  within  such  mining  division,  and  making  all 
record!)  in  respect  thereof. 

RECORDING   CLAIM   IN   WRONG  DISTRICT.    Sec.  36. 
(1S96,   c.   35,   s.   4.)    If  through   ignorance  any   free   miner  shall 
record   a   placer   claim    in   a    different    mining   division   to  that 
in  which  such  claim  is  situate,  such,  error  shall  not  affect  bi»| 
title  to   such   claim,   but  he  shall   within  fifteen   days  from  thCj 
discovery  of  his   error,  record   such  claim   in  the   mining  divi- 
sion in  which  it  is  situate,  and  such  new  record  shall  bear  the  I 
date  of  the  first  record,  and  a  note  shall  be  made  thereon  of  thej 
error  and  of  the  date  of  the  rectification  of  the  same. 

DURATION  OF  RECORD.    Sec.  ^^.    A  free  miner  having! 


duly  , 
for  OI 
f'le  S( 

KE 

at  any 

cntitlec 

/or  one 

i'chedu. 

record  i 

.  0.)    : 

tificate. 

(4.) 

(S.) 

(6.) 

^ENCE. 

Id  shall 

"*^e  during 

^'^e  fee  req 

'■CQuired   b 

chars-e  of 

^'ated  on   t| 

APPLlc 


PLACER  MINING. 


duly  located  .  placer  clai,„   ,h.„  ,  '  ♦'» 

'or  one  or  more  year/?:  ""  *"""«''  'o  record  «,.  . 

"-  Schedule  .o  .hn'ce.  ""''  """"»"'  "'  "■«  '«'.  t    'ou'^! 
KE-RECORD  OF  A  CLAJM     c 

'-  one  or  ^:"^.^^;  '«™  »'  "i,  in.er.,7r„\T,  XT";  "' 
Schedule  to   this   A«    7"  P^y^'M  of  the  f  eess.?  •  °'*"" 

'-^  sHaU  be'lat-^HrSl  T"  '"'"     ^-^  'rt 

4.     The  locality  of  th.  claim 
^^NC^E^-'s^ri,"?  f^^^°«°    'N     RECOROER-S     A» 

^-^  c„  the*  Zt  "ofr^c^'al-S!'  t'  •"'"""  -  -"•  "re"  oJd" 

APPLICATION     Tn     ^t"^      "°"- 
ABSENCE.    sL°l^i?,^,!fECORD     IN     RECORDER'S 

l«ve  the  fe!         "  ■"""»•    """   during  hk   =^       *  Recorder's 
"matlo^  teauTr^rb'  ""  ?""  ^'=«'    ""^  the  !^""«'  "<<  •»«'■ 

'«  "llr,  hawr??«,«^NER  MAY  HOLD     S 

■»^'  be  .«i,,ed*S  how    r"'"  "•"  '«»'d,S.  PLC'S  fl'-  ^ 
Itcord  or  rer.„    !■     .       "■*  «■»«  during  th.  ,  .''"'^  el«<ni, 

'«--  O.  MINER  TO  HIS    CLAIM.    Se.    ...    ,„^ 


,? 


ajp***"-"- 


430 


BRITISH  COLUMBIA. 


free  m:aer  ohall  have  the  exclusive  right  of  entry  upon  hi?. 
placer  claim,  for  the  miner-like  working  thereof,  and  the  con- 
structiou  of  a  residence  thereon,  and  shall  be  entitled  exclu- 
sively to  all  the  proceeds  realized  therefrom:  Provided  that 
the  Gold  CommiFsioner  may,  uron  application  made  to  him,. 
Allow  other  free  miners  such  rights  of  entry  thereon  as  may 
be  necessary  for  the  working  of  their  claims,  upon  such  terms- 
as    may    to    him    seem   reasonable. 

IRREGULAkTY  PRIOR  TO  RECORD  NOT  TO  AF- 
FECT  TITLE.  Sec.  33.  Upon  any  dispute  as  to  the  title  to 
a  placer  claim,  no  irregularity  made  prior  to  the  date  of  the 
then  current  record  or  re-record  of  such  claim  shall  affect  the 
title  thereto,  and  it  shall  be  assumed  that  up  to  the  date  of 
such  record  or  re-record  the  title  to  such  claim  was  perfect: 
Provided,  always,  that  it  shall  at  all  times  be  open  to  prove 
that  the  ground  was  improperly  or  insufficiently  staked,  or 
that  the  "takes  have  been  illegally  moved. 

WORKS    IN    CONNECTION    WITH    CLAIM    DEEMED 
AS  PART   THEREOF.    Sec.   34.    Tunnels,   shafts  and  ditches 
shall   be  considered  as   belonging  to   the   placer  claim  for  the 
use  of  which  they  are  constructed,  and  as  abandoned  or  forfeit 
ed  by  the  abandonment  or  forfeiture  of  the  claim  itself. 

RIGHTS  OF  OTHERS  TO  BE  RESPECTED.  Sec.  35 
In  tunneling  under  hills,  on  the  frontage  of  which  angles  oc- 
cur, or  which  may  be  of  an  oblong  or  elliptical  form,  no  party 
shall  be  allowed  to  tunnel  from  any  of  the  said  angles,  nor 
from  either  end  of  such  hills,  so  as  to  inte*  fere  with  parties 
tunneling  from  the  main  frontage. 

INTEREST  m  CLAIM  DEEMED  A'  CHATTEL  INTEREST 
Sec.  36.  The  interest  of  a  free  miner  in  his  placer  claim  shall,  save 
as  t)  placer  mines  held  as  real  estate,  be  deemed  to  be  a  chattel 
intet<:st,  equivalent  to  a  'ease,  for  such  period  as  the  same  may 
have  been  recorded,  renewable  at  the  end  thereof  by  re-recording, 
and  subject  to  the  conditions  as  to  forfeiturej,  working,  representa. 
tion,  re-recording,  and  otherwise,  for  the  time  being  in  force  with 
respect  to  placer  claims. 

HOLDER    OF    PLACER    CLAIMS    HAS    NO    RIGHT    TO 
VEIN  OR  LODE.     Sec.  37.     The   holder  of  a  placer  claim  shall 
have   no   right    to   any    vein    or   lode,   as   defined    by   the   "Min-I 
eral   Act,    1891,"    within   the   limits   of  such   placer   claim,   unless-j 


■ng  w 

absoiu 

worke< 

on  his 

•ng  th 

during 

shall  b( 

LEA 
company 
for  one 
(a.)    i 
t^ey  has 
of  the  8( 
equal   to 
any  retui 
from  sucl 
(b.)    I 
all  the  h< 
Such  J 
holder  of 

P'"ovisions 
°rds  and  1 

"'«  discre 
spect  to  g 

Not 

%.  c.  4ol 

fd  Act  sJ 

^^'  mining! 

l*^cd  by  tf 

,  ,  FOKFEil 

r'*  Placer  r 
r  'l-e  cont 


PLACER  MINING. 


US' 

•n- 

lu- 

aat 

im, 

nay 

rtns- 

AF- 
e  to 
■  the 
t  the 
.te  of 
riecf. 
prove 
:d,    or 

SMED 

ditches 

iov  the 

iorfeit 

jec.  35- 
jles  oc- 

les,  nor 
parties 

laW,  save 
chattel 
iwe  may 
^cording- 


[pre 
irce 


with 


lau« 


shall 
Mm- 

unless- 


43r 


he  shall  have  located  and  recorded  the  ground  as  a  mineral 
claim;  and  until  he  shall  so  locate  and  record  such  ground, 
the  same  shall  be  open  to  any  free  miner  to  locate  and  record 
as  a   mineral   claim. 

DUTIES  OF  PLACER  CLAIM-HOLDERS.  Sec.  38. 
Every  placer  claim  as  defined  by  this  Act  shall  be  represented 
and  bona  fide  worked  by  the  holder  thereof,  or  by  some  per* 
son  on  his  behalf,  continuously,  as  nearly  as  practicable,  dur- 
ing working  hours,  and  shall  be  deemed  to  be  abandoned  and 
absolutely  forfeited  when  the  same  shall  have  remained  un- 
worked  on  working  days  by  the  holder  thereof,  or  some  persoa 
on  his  behalf,  for  the  period  of  seventy-two  hoturs,  except  dur* 
ing  the  close  season,  some  lay-over,  or  leave  of  absence,  or 
during  sickness,  or  for  some  other  reasonable  cause  whicli> 
shall  be  shown  to  the  satisfaction  of  the  Gold  Commissioner. 

LEAVE  OF  ABSENCE.  Sec.  39.  Every  free  miner,  or 
company  of  free  miners,  shall  be  entitled  to  a  leave  of  absence- 
for  one  year  from  his  or  their  placer  claim  or  set  of  claims. 

(a.)  Upon  proving  to  the  Gold  Commissioner  that  he  or 
they  has  or  have  expended  on  such  claim,  or  on  any  portion 
of  the  set  of  claims,  in  cash,  labor,  or  machinery,  an  amount 
equal  to  one  thousand  dollars  on  each  full  interest,  without 
any  return  of  gold  or  other  minerals  in  reasonable  quantities 
from  such  expenditure:  and 

(b.)  Upon  the  application  for  such  leave  being  signed  by 
all  the  holders  of  the  claim  or  set  of  claims. 

Such  leave  of  absence  shall  not  be  deemed  to  relieve  the 
holder  of  such  claim  or  set  of  claims  from  carrying  out  the 
provisions  of  this  Act  respecting  free  miner's  certificates,  rec- 
ords and  re-records  of  such  claims;  nor  shall  this  seer  on  affect 
the  discretionary  power  of  the  Gold  Commissioner  with  re- 
spect to  granting  a  leave  of  absence  under  other  venditions. 

NOT  TO  APPLY  TO  MINING  LEASES.  Sec.  39a- 
(1S95,  c.  40,  s.  3.)  The  provisions  of  sections  39  and  42  of  the 
said  Act  shall  not  apply  to  land  or  mining  property  held  un- 
der mining  leases,  pursuant  to  Part  VII  of  the  "Placer  Min- 
ing Act,  1891,"  but  such  leases  shall  in  all  matters  be  gov- 
wied  by  the  terms  thereof. 

FORFEITURES    ABSOLUTE.    Sec.    40.    Every    forfeiture 
[oi  a  placer  claim  shall  be  absolute,  any  rule  of  law  or  equity 
to  tke  contrary   notwithstanding. 


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43a 


BRITISH  COLUMBIA. 


i;  :P 


NOT  ENTITLED  TO  LAY  OVER,  WHEN.  Sec.  41.  No 
placer  claim  located  and  recorded  in  any  district  within  four- 
teen days  before,  or  at  any  time  during  the  close  season,  shall 
be  deemed  to  be  laid  over,  unless  so  much  work  shall  have 
been  bona  fide  done  thereon  by  the  holder  thereof  as  shall  in 
the  opinion  of  the  Gold  Commissioner,  fairly  entitle  him  to 
have  such  claim  laid  over. 

LAY  OVER  DURING  INSUFFICIENCY  OF  WATER. 
Sec.  42.  Where  the  supply  of  water  is  insufficient  to  work  hy- 
•draulic  or  other  placer  claims  requiring  water  to  enable  them 
to  be  worked,  such  claims  shall  be  laid  over  by  virtue  of  this 
section  during  such  insufficiency,  but  no  longer,  except  by 
leave  of  the  Gold  Commissioner;  but  a  notice  of  such  insuffi- 
-ciency  of  water  must  be  posted  on  the  office  of  the  Mining 
Recorder  within  three  days  from  the  cessation  of  work. 

RECORD  OF  CHARGES  ON  CLAIMS.  Sec.  43-  Every 
bill  of  sale,  conveyance  or  mortgage  of  a  placer  claim,  or  of 
any  fraction  thereof,  shall  be  recorded  within  the  time  pre- 
scribed for  recording  placer  claims. 

TRANSFERS  TO  BE  IN  WRITING.  Sec.  44.  No  trans- 
fer of  any  placer  claim,  or  of  any  interest  therein,  shall  be  en- 
forceable unless  the  same  or  some  memorandum  thereof  shall 
be  in  writing,  signed  >>y  the  transferrer,  or  by  his  agent  au- 
thorized in  writing,  anc  recorded  in  the  Record  of  Convey- 
■ances. 

TRANSFERS  UNDER  "GOLD  MINING  AMEND- 
MENT ACT,  1873."  Sec.  45.  The  transfer  of  any  real  estate 
■acquired  under  the  provisions  of  the  "Gold  Mining  Amend- 
ment Act,  1873,"  shall  be  in  writing,  signed  by  the  transferrer 
or  his  agent  authorized  in  writing,  and  attested  by  a  sub- 
scribing  witness. 


IIL 
TUNNELS  AND  DRAINS. 

LICENSE  TO  MAKE  TUNNELS  OR  DRAINS 
THROUGH  OTHER  LAND.  Sec.  46.  Any  free  xniner  re- 
quiring to  run  or  construct  a  timnel  or  drain  in  connection 
with  his  claim  through  any  occupied  or  unoccupied  lands, 
whether  mineral  or  not,  shall  obtain  a  license  from  the  Gold 


Cot 
or 

sion 

sion 

draii 

shall 

missi 

fiook, 

TC 
shalj 
as  rea 

RI( 

Any  fj 
Srant   ( 

<Jrain  /< 

FOR 

pJ'catior 
set  out 
''le  prop 
term  of  ■ 
privileged 
at  the   A 
"lissioner 
particular 
corder  ar 
erant  shal 

DEPoJ 

^••ant  shal 

tie  leavinj 

"•^'ch    shal 

fused. 

grants   shal 

"°"fr.  and! 

•'^3rs.   and 

Po^vers  to  a 

'''^   drain] 

,  ^''^'J  thfnk  I 

"'  Pou-ers  si 


PLACER  MINING. 


Commissioner  for  that  «„,  "^ 

or  withheld  in  .he  .",017.°*   "i^''  """^«  =•>«"  b.  „a„t«i 
sioner;  and  shall  «i        "  "'*  O'scretion  of  such   r^i^^.^      "° 

shall  be  subject  to  LhT""''"""  ">^''  "Quire     Lh""  " 

TO    BELONG    TO    CI  at»»     ^ 
'ha"  b.  considered  «  part Tihe    ',•   ^'^    ^   ""■-"   <>'   d«in 

■"^.  ground  in  his  dTst^^f  ,0^''"'"''''  ""O  "Pon  any  min 
«-  for  public  d..inar<;,tint  """'^  »'  -strucL"""' 

."car',oreveTst^eh^""^-^0"CE.    Sec.   «     The 

-  0-  .he  nan,;Vrchr;.i«„r  t'h'e  ■'"  -•"•»^.  -'    ^b'a^." 
•■e  proposed   drain,   the  amoSnt  "j       f,  """"  "■<<   «'"t  of 

Svi.etsruihJ  r'bt  -'^-«°^  -  L^at  t7a'f'  .?' 
at  fhJ^-Kf   :   **   *  '°   oe  acquired     Th^         t-  "  ^^^  other 

-.cu.  .ct  posrd\r;i.r:s'  -i-  --be'  ."o™- 

-  .a"f  hrjat~  -  -«;c,rar1a;t'  ^^7 ih 
DEPOSIT   OF  $2c     q, 

;P^o^?ra;:dJt■'T^--;^^^^^r:^ 

'™'''i;;,'if  ^^.  KIGHT   OF    WAV.     FTC     S 

:-■  -^  sh^VnVbfrnlor''^^^^^^  ''-^«  ^'^    Co.lt 

»'  Pwvers  ,«'     .  •      '  '"  *"''  "^ase  to  exceed  tL.  "'"""■ 

"  set  out  m  the  application  *  '"""•  "ebts, 

j8 


y    . .'  i 


434 


BRITISH  COLUMBIA. 


COVENANTS  ON  PART  OF  GRANTEE.  Sec.  52.  The 
following  covenants  and  conditions  on  the  part  of  the  grantee 
and  his  assigns  shall  be  deemed  to  be  part  of  every  grant, 
whether  expressed  therein  or  not. 

(a.)  That  he  shall  construct  a  drain  or  drains  of  sufficient 
size  to  meet  all  requirements  within  the  time  therein  named. 

(b.)  That  he  shall  keep  the  same  in  thorough  working  or- 
der and  repair,  and  free  from  all  obstructions,  and  in  detauit 
thereof  that  the  Gold  Commissioner  may  order  all  necessary 
alterations  or  repairs  to  be  made  by  any  free  miners,  other 
than  the  grantee  or  his  assigns,  at  the  cost  and  expense  of 
the  latter;  such  cost  and  expense  to  be  levied  by  sale  (subject, 
however,  to  the  conditions  of  the  grant)  of  all  or  any  part  of 
the  drainage   works,   materials,  and  tolls,   or   any   of  them. 

(c.)  That  he  shall,  within  a  reasonable  time,  construct 
proper  tap-drains  from  or  into  any  adjacent  claims,  upon  being 
requested  in  writing  by  the  holders  thereof  so  to  do;  and  if 
such  grantee  shall  fail  to  commence  the  construction  of  any 
such  tap-drains  for  five  days  after  receipt  of  such  request,  or 
after  making  such  commencement  shall  for  three  days  fail  to 
proceed  with  such  construction,  he  shall  permit  such  holders  to 
construct  such  tap-drains,  in  which  case  such  holders  shall 
only  be  chargeable  with  one-half  the  specified  rates  of  toll,  or 
such  other  proportion  as  the  Gold  Commissioner  may  direct. 

(d.)  That  he  will  not,  in  the  construction  and  maintenance 
of  such  drains  and  tap-drains,  in  any  way  injure  the  property 
of  others,  and  that  he  shall  make  good  any  damage  done  by 
him. 

RECORD  OF  GRANT— REN  1.  Sec.  53-  Every  such 
grant  shall  be  recorded  in  the  Record  Book,  and  the  deposited 
sum  of  twenty-five  dollars  shall  be  retained  as  a  recording  fee. 
A  rent  of  twenty-five  dollars  for  each  quarter  of  a  mile  and 
each  fraction  thereof  shall  be  paid  annually  to  the  Mining  R^ 
corder  by  the  grantee;  such  rent  to  commence  from  the  date 
of  the  grant. 


HO 

plying 

(I.) 
conspic 
tended 
the  Mil 
shall   CO 
(a.) 
(b.) 
cate.        I 
(c.)    : 
the  strea 


WATER  RIGHTS. 

WATER  RIGHTS.  Sec.  54.  Every  free  miner  shall  be  en- 
titled to  the  use  of  so  much  of  the  water  naturally  flowing 
through  or  past  his  placer  claim,  and  not  already  lawfully  »P" 


PLACER  MINING. 


43S 


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her 

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lectr 
t  ol 

truct 

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nd  ii 

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tcrs  to 
shaU 
,11,  or 

rect. 
:nance 
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fhe  dat* 


|l  be  ett' 
liuUy  »?• 


propriated,  as  shall,  in  the  opinion  of  the  Gold  Commissioner 
be  necessary  for  the  due  working  thereof. 

WATER  RIGHT  TO  UNAPPROPRIATED  WATER. 
Sec.  55.  (iSjM,  c.  33,  s.  2.)  A  free  miner  may,  at  the  discretion 
of  the  Gold  Commissioner,  obtain  a  grant  to  a  water  right  in 
any  unappropriated  water,  for  any  placer  mining  purpose,  for 
any  term  not  exceeding  ten  years,  upon  such  terms  and  oondi> 
tions  as  such  Gold  Commissioner  shall  think  fit;  but  no  free 
miner  shall  be  charged  any  money  rental  for  any  such  water 
used  by  him  for  mining  purposes  on  his  own  mining  claim. 

HOW  WATER  RIGHT  OBTAINED.  Sec.  56.  Before  ap- 
plying  for  any  such  grant,  the  free  miner  shall — 

(i.)  Post  a  notice  in  writing  on  a  legal  post  upon  some 
conspicuous  part  of  the  ground  on  which  such  water  is  in- 
tended  to  be  used,  and  a  copy  of  such  notice  on  the  office  of 
the  Mining  Recorder  for  at  least  twenty  days,  which  notice 
shall   contain  the   following   particulars: — 

(a.)    The  name  of  each  applicant. 

(b.)  The  number  of  each  applicant's  free  miner's  certifi- 
cate. 

(c.)  The  name,  or  if  unnamed,  a  sufficient  description  of 
the  stream,  lake,  or  other  source  from  which  such  water  is  in* 
tended  to  be  taken. 

(d.)    The  point  of  diversion  or  intended  ditch-head. 

(e.)    The  number  of  inches  of  water  applied  for. 

(f.)    The  purpose  for  which  it  is  required. 

(g.)    The  date  of  the  notice. 

(2.)  If  more  than  three  hundred  inches  are  applied  for,  a 
deposit  shall  be  made  with  the  Gold  Commissioner  of  twenty- 
five  dollars,  to  be  refunded  if  the  grant  is  not  made. 

RECORD  OF  GRANT.  Sec.  57-  The  grant  of  such  water 
right  shall  be  recorded  in  the  office  of  the  Mining  Recorder  in 
the  Record  of  Water  Grants,  within  the  time  limited  for  the 
recording  of  placer  claims,  and  shall  during  each  year  of  the 
continuance  of  the  grant,  and  whilst  it  shall  be  in  operation, 
be  recorded  as  in  the  case  of  a  placer  claim. 

GRANT  NOT  EFFECTUAL  TILL  RECORDED.  Sec. 
!&•  No  grant  shall  take  effect  until  recorded. 

WATER  NOT  TO  BE  SOLD,  EXCEPT.  Sec  59-  No 
irce  miner  shall  be    entitled  to  a    grant  of  the    water    of  any 


I  ■) 


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496 


BRITISH  COLUMBIA. 


i 


stream  for  the  purpose  of  selling  the  water  to  claim-holders  on 
any  part  of  such  stream.  The  Gold  Commissioner  may,  how- 
ever,  grant  such  privileges  as  he  may  deem  just,  when  such 
water  is  intended  to  work  bench  or  hill  claims  fronting  on  any 
such  stream;  provided,  that  the  rights  of  free  miners  then  us- 
ing the  water  be  protected. 

DISTRIBUTION  OF  WATER.  Sec.  60.  The  owner  of 
any  water  right  may  distribute  the  water  to  such  free  miners 
and  on  such  terms  as  he  may  deem  advisable,  within  the  lim- 
its mentioned  in  his  grant:  Provided,  always,  that  such  owner 
shall  be  bound  to  supply  water  to  all  applicants,  being  free 
miners,  in  a  fair  proportion,  and  shall  not  demand  more  from 
one  than  another*  except  where  the  difficulty  of  supply  is  en- 
hanced. 

RIGHTS  OF  MINERS  LOCATED  BELOW  DITCH 
HEAD.  Sec.  61.  If,  after  the  grant  has  been  made,  any  free 
miner  or  free  miners  locate  and  bona  fide  work  any  placer 
•claim  below  the  ditch  head,  on  any  stream  so  diverted,  he  or 
thejf  shall  collectively  be  entitled  to  forty  inches  of  water  if 
two  hundred  inches  be  diverted,  and  sixty  inches  if  three  hun- 
dred be  diverted,  and  no  more,  except  upon  paying  I0  the 
grantee  compensation  equal  to  the  amount  of  damage  sus- 
tained by  the  grantee  on  account  of  the  diversion  of  such  extra 
•quantity  of  water;  and,  in  computing  such  damage,  the  expense 
of  the  construction  of  the* ditch  shall  be  considered. 

PRIORITY  OF  NOTICE,  PRIORITY  OF  RIGHT.  Sec 
€a.  On  any  dispute  between  applicants  for  a  grant  prior  to 
«uch  grant  being  made,  priority  of  notice  shall  constitute  pri- 
ority of  right,  if  any. 

DATE  OF  GRANT.  Sec.  63.  A  grant  duly  recorded  shall 
speak  from  the  date  of  the  grant,  and  not  from  the  date  of  the 
record. 

RIGHTS  OF  PERSONS  USING  WATER.  Sec.  64. 
Every  such  grant  shall  be  subject  to  the  rights  of  such  free 
miners  as  shall,  at  the  date  of  such  grant,  be  working  on  the 
stream  above  or  below  the  ditch  head,  and  of  any  other  per- 
sons lawfully  using  such  water  for  any  purpose  whatsoever. 

GRANT  OF  WATER  RIGHT  APPURTENANT  TO 
CLAIM.  Sec.  65.  A  grant  of  a  water  right  made  in  respect  of 
any  placer  claim  or  placer  mine  held  as  real  estate,  shall  be 


dee 

clai; 

ieitt 

the 

shaiJ 

W 

With 

comn 

which 

Prosej 

tion, 

vided, 

tion,  a 

shown, 

^his  se 

CHj 

grantee 
Gold  C 
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Commisj 

for: 

Hvery 

'"ng  the 

water, 

ments. 

forfeited 
CARR 
Any   per, 
PJace,  for 
or  flume, 
'occupied, 
Commissi< 

possession 
prevail,  sc 
iust. 

RULES 
^"  measur 
^'■all  be  ol 

°*  oieasun 
^^^n  into 


PLACER  MINING 
tieemed  appurtenant  to  auru     ,  •  •'^^ 

claim  or  mine  shall  I        ^  *=^*'">  or  mine    anW      u 

the  claim   or   «^        .*  occasion  for  the  u^^  ^*  !u    "*^  *^'  'or- 

""--  :H"f >'"^"""  •-'■='  •■= 

Wittin  .hi«yX  ,,.r'J     *^     COMMENCED     Sec     « 
commence   the   /J        .      °*  «*"ant  is  made    ♦»,  ^-     ^- 

.ion,  aUon^eh'':^;^'  «<"«  Con-missi^ne"/  *',  rSrV^™" 
shown      Tr««       ^        *°  <^«ase  for  anv  t.-«,-  "*^  dibcre- 

CHANGE  o/Tomr'n'  '"""«'  '""  °' 

Ev!:r,L'"r„f«  f.°^     :^'^S"NG      WATER     s 

'nents.    the    GoW    ^i^""^    of   water  in    excess   nf   u-  ^^^ 

forfeited.        *'''"'   '^°">-"ioner  „a,  dec.a/e  hU   jiaVrT 

An'te«rrdlr/f„«  ,^«OSS  OTHER  LAND     Se     / 

prevail    c«      "®*"^*^  of  the   m  ne  or  o{\h^  *"  ''^  ^^^^  "» 

,    -■   -  ^^  .o  e„U.,e  .„  .„  coC:a^-„rT.H-:t- j   - 

I"Sj°^, i'^ASUSEMENT  OF    WATER     , 

-  «  <..-  o.  ..,„  e«ep aT  „„-o  ;-  .^.^^  ... 


^        , 


i38 


BRITISH  COLUMBIA. 


tally  at  the  place  at  which  the  water  enters  it.  One  inch  of 
water  shall  mean  half  the  quantity  that  will  pass  through  an 
•orifice  two  inches  high  by  one  inch  wide,  with  a  constant  head 
•of  seven  inches  above  the  upper  side  of  the  orifice. 

NOTICE  TO  BE  GIVEN  ON  APPROACHING  ANY 
DITCH.  Sec.  71.  Whenever  it  shall  be  intended,  in  forming 
or  upholding  any  ditch,  to  enter  upon  and  occupy  any  part 
of  a  placer  claim,  or  placer  mine  held  as  real  estate,  or  other 
land,  or  to  dig  or  loosen  any  earth  or  rock  within  twenty  feet 
<of  any  ditch  thereon,  three  days'  notice  in  writing  of  such  in* 
tention  shall  be  given  to  the  owner  of  such  ditch,  before  en* 
tering  or  approaching  within  twenty  feet  thereof. 

GOLD  COMMISSIONER  MAY  ALLOW  DITCH  TO  BE 

# 

DIVERTED.  Sec.  7a.  Any  person  heretofore  or  hereafter  en* 
gaged  in  the  construction  of  any  road  or  work  may,  with  the 
sanction  of  the  Gold  Commissioner,  cross,  divert,  or  otherwise 
interfere  with  any  ditch,  water  right,  or  other  mining  rights 
whatsoever,  for  such  period  as  the  said  Commissioner  shall 
direct. 

OWNER  TO  PROVIDE  FOR  WASTE  WATER.  Sec. 
73.  The  owner  of  any  ditch,  flume,  or  pipe,  shall,  at  his  own 
expense,  construct,  secure,  and  maintain  all  culverts  necessary 
for  the  passage  of  waste  and  superfluous  water  flowing  through 
or  over  any  such  ditch,  flume,  or  pipe. 

OWNER  TO  KEEP  DITCH  IN  REPAIR.  Sec.  74-  The 
owner  of  any  ditch,  flume,  or  pipe  shall  construct  and  secure 
the  same  in  a  proper  and  substantial  manner,  and  maintain 
the  same  in  good  repair  to  the  satisfaction  of  the  Gold  Com- 
missioner, and  so  that  no  damage  shall  occur  to  any  road  or 
•work  in  its  vicinity  from  any  part  of  the  works  of  such  ditch, 
flume  or  pipe. 

OWNER    LIABLE    FOR    DAMAGE    CAUSED    BY    DE- 
FECT.   Sec.  75.    The  owner  of  any  ditch,  flume,  or  pipe,  shall 
be  liable   and  shall  make  good,   in  such  manner  as  the  Gold 
Commissioner   shall   determine,   all   damage   which    may  be  oc- 
<casioned  by  or  through  any  parts  cf  the  works  of  such  ditch, 
'flume,  or  pipe  breaking  or  being  imperfect. 

WHAT  IS  EFFECTUAL  NOTICE.  Sec.  76.  I'  any  ^"*' 
ten  notice  to  the  party  intended  to  be  affected  thereby  be  post- 
«d  for  ten  days  on  some  conspicuous  part  of  any  premises  rfr 


PLACER  MINING. 

■K-iOHTS     OP    rtxrwT, 
Nothing  herein  rrsr,.'.       ^OMMISSIONFR 

IV. 

partnership    shalT    ,,„?^       °^   ANNUAL.    Sec    «n      , 

'»  >>=  a  yearlv  „  ^    '"   otherwise   agreed   ,m        .^   "■'"'■'8 

'=".  co„J„T'^   P'«"er,hip.   re„ewabli^"o™"S   .  '    ""'"«' 

-*  Parr„e°hV^h™KSHIP.    gee.    8,.    The    h     • 
P->n   soie.,  Ser   ^^  "'"■-'^  -«   -h  X'^s  at 
KIGHTS  OF  PAPTxTt:.T.^ 

".^  Sr"  Jr-  -  -- H.%atS./t;.  *'"'-  — ■ 

«rt  su"h  ri,f„  T""*  '"d  --"orded  Ts  ,  .  ■;  P^'-'rahip 
0"  stake  „^  l*""  ""^  '"feed  as  an  orH-  "'  "='»'"»•  "d 
'•^Ice.  b„      °?  °*°?  "«"'   <"»■•>»  shall   be        "f'  P'""  'Wm. 

'  -«  .h,„  be  „„  .he"Tr,rti«arpor-  "' 


h      i 


I      I        I 


I  '^  til 


440 


BRITISH  COLUMBIA. 


RECORD  OF  PARTNERSHIP  CLAIMS.  Sec.  83.  A 
set  of  claims  may  be  recorded  iu  one  record.  The  name  of 
every  partner,  and  th^  number  of  every  partner's  free  miner's 
certificate,  shall  be  on  the  record  of  every  such  set  of  cairns. 
The  partnership  name  shall  appear  on  every  such  record,  and 
all  claims  so  taken  up  shall  be  the  property  of  the  partnership. 

PARTNER'S  RIGHT  TO  VOTE.  Sec.  84.  A  partner  in 
any  mining  partnership,  or  his  agent  authorized  in  writing, 
shall,  at  any  meeting  thereof,  be  entitled  to  vote  upon  any 
interest  or  fraction  of  an  interest  which  he  may  hold  therein; 
but  the  result  of  the  votes  given  shall  be  determined  by  tiie 
number  of  the  full  interests  voted  upon,  and  not  by  the  num- 
ber of  partners  voting  at  such  meeting. 

MAJORITY     TO     MAKE     ASSESSMENTS.    Sec.     85.    A 
majority  of  such  votes  may  decide  when,  how  long,  and  iu  what 
manner   to   work   the    partnership   claim,    or   set   of   claims,   the 
number  of  men  to  be  employed,  which  number  shall  not  be  less 
than   one   man   to   each   claim,   and   the   extent  and    manner  of 
levying  the  assessments  to  defray  the  expenses  incurred  by  the 
partnership.    Such    majority    may    also    choose    a     foreman    or . 
manager,   who  shall   represent  the   partnership  and   sue  and  be 
sued  in  the  name  of  the  partnership  for  assessments  and  other- 
wise; and  he  shall  have  power  to  bind  them  by  his  contracts. 
Every  partner,   or  his  duly  authorized  agent,   shall   be   entitled 
to  represent   his   interest   in  the   partnership   property   by   work 
and    labor,    so    long    as    such    work    and    labor    be    satisfactory 
to  the  foreman  or   manager.    In  the  event   of  such   partner  or 
agent  being  discharged  by  the  foreman  or  manager,  the  Court 
having  jurisdiction  in  mining  disputes  may,  if  requested,  sum- 
mon the  foreman  or  manager  before  it,   and  upon  hearing  the 
facts  make  such  order  as  it  shall  deem  just. 

ASSESSMENTS,  WHEN  PAYABLE.  Sec.  86.  All  asse  s 
ments  shall  be  payable  within  five  days  after  being  made. 

DEFAULT  IN  PAYMENT  BY  PARTNER.  Sec.  87.  A^Y 
partner  making  default  in  payment  after  receiving  a  notice  cer- 
tifying the  amount  due  by  him,  shall,  if  such  amount  be  cor- 
rect, be  personally  liable  therefor  to  the  partnership,  and  his 
interest  in  the  partnership  property  may  be  sold  by  the  part- 
nership for  the  payment  of  the  debt,  and  any  further  assess- 
ment which  may  have  accrued  thereon  up  to  the  day  of  sale^ 


toget 

and  i 

severs 

ing  d 

rected 

erty  o 

cases, 

of  sale 

on   the 

thereto 

notices 

the  da> 

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mining 

sale  sha: 

chaser  s 

to  a  bill 

saie  shal 

had. 

EFFE, 
After  a   ] 
served    01 
"lember 
J'able  for 
curred  aft 
shall   be 
and  recori 

INTEK 

^-  Any  I 
sale  of,  hi. 
fst  shall  c. 

^  J^ARTN 
J^EBTS   0 

ffter  a  bill 

liable  for 

after. 


"limit; 
compr 


or . 
d  be 
ther- 
Iracis. 

titled 
work 
ctory 
er  or 
ICourt 
urn- 

,g  t^= 

Any 
le  eer- 
ie cor- 
id  bi^ 
part- 
issess- 
It  salCf 


PLACER  MINING. 


<H> 


together  wit'.i  all  costs  and  charges  occasioned  by  such  defuult^ 
and  if  the  proceeds  of  the  sale  be  insufficient  to  pay  off  the 
several  sums  mentioned  the  Court  having  jurisdiction  in  m.n- 
ing  disputes,  upon  being  applied  to,  shall  issue  an  order  di> 
rected  to  the  sheriff  to  seize  and  sell  any  other  personal  prop- 
erty of  the  debtor.  Notices  of  sale  shall,  in  either  of  the  above 
cases,  be  conspicuously  posted  ten  clear  days  prior  to  the  day 
of  sale,  in  the  vicinity  of  such  mining  or  other  property,  and 
on  the  Court  House  or  Mining  Recorder's  ofHce  nearest, 
thereto.  But  if  such  partner  be  absent  from  the  district,  such 
notices  shall  be  posted  as  aforesaid  thirty  clear  days  before 
the  day  of  sale,  and  a  copy  of  such  notice  shall  be  published 
in  some  newspaper  circulating  in  the  district  wherein  such> 
mining  or  other  property  is  situate  for  the  same  period.  Sucb 
sale  shall  be  by  public  auction  to  the  highest  bidder.  The  pur- 
chaser shall  be  entitled  to  possession  of  the  property  sold,  andl 
to  a  bill  of  sale  therefor  signed  by  the  auctioneer;  such  bill  of 
sale  shall  confer  such  title  upon  the  purchaser  as  the  owner 
had. 

EFFECT  OF  NOTICE  OF  ABANDONMENT.  Sec.  88. 
After  a  notice  of  abandonment,  in  writing,  shall  have  been, 
served  on  the  fore'^.an  or  manager  of  a  partnership  by  any 
member  therof,  and  ally  recorded,  such  member  shall  not  be 
liable  for  any  debts  or  other  liabilities  of  the  partnership  in- 
curred after  service  and  record  of  such  notice,  and  no  member 
shall  be  deemed  to  have  abandoned  an  interest  until  service- 
and  record  of  such  notice. 

INTEREST  WHEN  SOLD  CONTINUES  LIABLE.  Sec, 
89.  Any  partner  shall  be  entitled  to  sell,  or  contract  for  the 
sale  of,  his  interest  in  the  partnership  property,  but  such  inter- 
est shall  continue  liable  for  all  the  debts  of  the  partnership. 

PARTNER     RELIEVED     BY     SALE     FROM     FUTURE 
DEBTS    OF     PARTNERSHIP.    Sec.     90.    No     partner     shall, 
after  a  bill  of  sale  conveying  his  interest  has  been  recorded,  be 
liable  for  any   indebtedness   of   the   partnership   incurred   there- 
after. 


LIMITED  LIABILITY. 

"LIMITED    LIABILITY."    Sec.   91-    Any    mining    partner- 
sliip,   composed    of   two    or   more   free   miners,    and    being    free 


win 


,(    i  i  \ 


1*  il 


BRITISH  COLUMBIA. 


from  all  debts  in  respect  of  the  partnership  property,  may  limit 
the  liability  of  its  members,  upon  complying  with  the  require- 
ments following,  that  ii  to  say:— 

Upon  filing  with  the  Mining  Recorder  a  declaratory  state- 
:ment,  containing  the  name  of  the  partnership,  the  location  and 
size  of  every  partnership  claim,  and  the  particular  interest  of 
each  partner;  and  also  placing  upon  a  conspicuous  part  of 
•every  such  claim,  or  set  of  claims,  in  large  letters,  the  name  of 
:the  partnership,  followed  by  the  words  "Limited  Liability." 

TO  BE  ADDED  TO  NAME.  Sec.  9a.  The  words  "Limited 
iLiability"  shall  thereupon  become  part  of  the  partnership  name. 

EFFECT  OF  SAME.  Sec.  93.  After  such  conditions  have 
(been  complied  with,  no  member  of  such  partnership  shall  be 
liable  for  any  indebtedness  mcurrred  thereafter  beyond  an 
4imount  proportioned  to  his  interest  in  the  partnership. 

DUTIES  OF  "LIMITED  LIABILITY"  PARTNERSHIP. 
Sec.  94.  Every  such  partnership  shall  keep  a  correct  account 
•of  its  assets  and  liabilities,  together  with  the  names  of  the  part- 
ners, and  the  interest  held  by  each,  and  shall  make  out  a 
monthly  balance  sheet  showing  the  names  of  the  creditors,  and 
the  amounts  due  to  each,  and  file  the  same  among  the  papers 
■of  the  partnership;  and  such  balance  sheet  and  all  the  books 
of  the  partnership  shall  be  open  to  the  inspection  of  creditors 
ai  all  reasonable  hours. 

PARTNER  MAY  SELL  HIS  INTEREST.  Sec.  95.  Every 
partner  in  such  partnership  shall  be  at  liberty  to  sell  or  dis- 
pose or  his  interest  therein,  or  of  any  part  thereof,  to  any 
other  free  miner;  but  such  partner  shall  be  liable  for  the  in- 
debtedness on  the  said  interest  in  proportion  to  his  interest  in 
the  partnership. 

HOW  TO  AVOID  FUTURE  DEBTS  OF  LIMITED 
LIABILITY  PARTNERSHIP.  Sec.  96.  No  member  of  sucii 
partnership,  after  a  bill  of  sale  conveying  his  interest  has  been 
duly  recorded,  or  after  he  has  served  a  notice  of  abandonment 
ol  his  interest  on  the  foreman,  and  left  a  copy  thereof  with  the 
Mining  Recorder,  shall  be  liable  for  any  indebtedness  of  the 
partnership  incurred  thereafter. 

DIVIDEND.  Sec.  97.  No  such  partnership  shall  declare 
.any   dividend  until  all  its  liabilities  have  been  paid. 


PLACER  MINING. 


441 


FOREMAN.  Sec.  gS.  Every  such  partnership  shall  ap- 
point a  foreman  or  manager,  who  shall  represent  the  partnef^ 
ship,  and  who  shall  sue  and  be  sued  in  the  name  of  the  part- 
nership; and  his  contracts  in  relation  to  the  business  of  the 
partnership  shall  be  deemed  to  be  the  contracts  of  the  partner* 
■hip. 

WHAT  DEBTS  THE  PARTNERSHIP  IS  LIABLE  FOR. 
Sec.  99.  No  such  partnership  shall  be  liable  for  any  other  in- 
debtedness than  that  contracted  by  its  foreman  or  manager,  or 
(by  its  agent  duly  authorized  in  writing. 


VI. 

BEDROCK  FLUMES. 

APPLICATION  FOR  RIGHT  OF  WAY  FOR  BED- 
ROCK FLUME.  Sec.  100.  One  or  more  free  miners  may  ap- 
ply  to  the  Gold  Commissioner  for  a  grant  of  exclusive  rights 
of  way  through  and  entry  upon  any  mining  ground  in  his  dis- 
trict, for  the  purpose  of  constructing,  laying,  and  maintaining 
a  beu  rock  flume. 

IK  vv'  APPLICATION  IS  MADE.  Sec.  loi.  Every  such 
application  shall  be  in  writing,  and  shall  be  left  at  the  Mining 
Recorder's  office,  addressed  to  the  Gold  Commissioner,  and 
shall  state  the  name  of  the  applicant  and  the  nature  and  ex- 
tent of  the  privileges  sought  to  be  acquired.  Thirty  days'  no- 
tice of  such  application  shall  be  given,  by  affixing  the  same  to 
some  conspicuous  part  of  the  ground  through  which  the  rights 
of  way  are  asked,  and  a  copy  thereof  upon  the  walls  of  the 
Court  House  or  of  the  office  of  the  Mining  Recorder  of  the 
4istrict.  Prior  to  such  application,  such  ground  shall  be 
marked  out  by  legal  posts,  placed  at  intervals  of  one  hundred 
and  fifty  feet  along  the  proposed  main  line  or  course  of  the 
flume,  with  a  notice  of  such  application  affixed  to  one  of  such 
posts.  And  it  shall  be  competent  for  any  free  miner  to  protest 
before  the  Gold  Commissioner  within  such  thirty  days  against 
such  application  being  granted,  but  not  afterwards.  Every  ap- 
plication for  a  grant  shall  be  accompanied  by  a  deposit  of  one 
hundred  and  twenty-five  dollars,  to  be  left  with  the  Mining 
I^ecorder,  which  shall  be  refundea  if  the  application  be  refused, 
but  not  otherwise. 


M"'^ 
:i1:: 


■j . 


r.   ! 


rl;'|  ! 


«  '!  'H 


;! 


ft  CiL  _ 

1 


BRITISH  COLUMBIA. 

TEHM.  Sec.  102.  Every  sich  grant  shall  be  in  writing, 
signed  by  the  Gold  Commissiontr,  and  shall  be  for  a  term  not 
exceeding  five  years. 

RIGHTS  OF  GRANTEE.  Sec.  103.  The  grantee  shall  be 
entitled  to  the  following  rights  and  privileges,   ihat  is   to  say: 

(a.)  The  right  of  way  through  and  entry  upon  any  new 
and  unworked  river,  creek,  gulch,  or  ravine,  and  the  exclu- 
sive right  to  locate  and  work  a  strip  of  ground  one  hundred 
feet  wide  and  two  hundred  feet  long  in  the  bed  thereof  to  each 
grantee  named  in  such  grant. 

(b.)  The  right  of  way  th  ougli  and  entry  upon  any  river, 
creek,  gulch,  or  ravine,  worked  by  miners  for  any  period  longer 
than  two  years  prior  to  such  entry,  and  already  wholly  or  par- 
tially abandoned,  and  the  exclusive  right  to  stake  out  and 
work  both  the  unworked  and  abandoned  portions  thereof,  one 
hundred  feet  in  width,  and  one-quarter  mile  in  length,  for  each 
grantee  named  in  such  grant. 

(c.)  Such  right  of  way  through  and  entry  upon  any  river, 
creek,  or  ravine  discovered  within  two  years  next  preceding  the 
date  of  his  application  before  mentioned,  and  upon  any  por- 
tions of  which  any  free  miner  is  legally  holding  and  bona  tide 
working  a  claim,  as  to  the  Gold  Commissioner  may  seeim  advis- 
able. 

(d.)  The  right  of  way  through  and  entry  upon  all  placer 
claims  which  are  at  the  time  of  the  notice  of  application  be- 
fore mentioned  bona  fide  being  worked  by  any  free  miner,  for 
the  purposs  of  cutting  a  channel  and  laying  his  flume  therein, 
with  such  reasonable  space  for  constructing,  maintaining  and 
repairing  the  flume  as  may  be  necessary:  Provided,  that  the 
owner  of  such  last-mentioned  placer  claim  shall  be  entitled  to 
take  and  receive  the  gold  or  other  minerals  found  in  the  cut 
so  made. 

Subsection  e  of  section  103  repe-  led  1897. 

(f.)    The  right  to  all  the  gold  or  other  minerals  in  his  tlumes. 

(g.)  No  person  locating  new  and  unworked  or  abandoned 
ground  within  the  limits  of  such  grant,  after  the  notice  above 
mentioned  hn  been  given,  shall  have  any  right  or  title  as 
against  such  grantee  to  the  ground  so  located. 

CLAIM-HOLDER  MAY  CONNECT  WITH  BED-ROCK! 
FLUME.    Stc.  104.    A  holder  of  a  placer  claim  through  which 


109.    Th 
^""<?s  and  fi. 
1^  chattel   inta 


FLACER  MINING. 


445 


the  line  of  the  grantee's  flume  is  to  run  may-  put  in  a  bed-rock 
flume  in  his  claim  to  connect  with  the  grantee's  flume,  upon 
giving  the  grantee  ten  days'  notice  in  writing. to  that  effect; 
but  he  shall  maintain  the  like  grade  and  build  his  flume  as  thor- 
oughly  and  of  as  strong  materials  as  are  used  by  such  grantee. 

DUTIES     OF     SUCH     CLAIM-HOLDER.      Sec.     105.      A 
claim-holder    constructing  such  flume  through  his  claim    shall 
Iceep  his  flume  free  from  obstruction,  and  he  shall  be  entitled 
to  all  the  gold  or  other  minerals  found  therein,  but  he  shall 
be  subject  to  the  same  regulations  with  regard  to  cleaning  up 
the  flume,  repairii  and  other  matters  in  which  both  parties  are 
interested,  as  may  be  adopted  by  such  grantee;  and  such  claim- 
holder  shall  have  the  right  at  any  time  before  the  abandonment 
of  his  claim  to  become  a  partner  of  the  grantee,  by  uniting  his 
claim  and  flume  with  the  ground  and  flume  of  the  grantee,  and 
taking  an  interest  proportionate  to  that  which  he  shall  cede  to 
the  grantee;  or  he  may  abandon  his  claim  and  flume,  and  such 
abandonment  shall  inure  to  the  use  and  benefit  of  the  grantee. 

WORK  TO  BE  DONE.  Sec.  106.  The  grantee  shall  lay  at 
least  one  hundred  feet  of  flume  during  the  first  year  of  such 
grant,  and  three  hundred  feet  annually  thereafter,  until  complf- 
tion  of  the  flume;  but  the  amount  of  flume  to  be  laid  may  be 
reduced  at  the  discretion  of  the  Gold  Commissioner. 

WHAT  USE  CLAIM-HOLDER  MAY  MAKE  OF 
FLUME.  Sec.  107.  Any  free  miner  lawfully  working  any 
claim  where  a  bed-rock  flume  exists  shall  be  entitled  to  ta'.l  his 
sluices,  hydraulics,  and  ground-sluices  into  such  flume,  but  so 
as  not  to  obstruct  the  free  working  of  such  flume  by  rocks, 
stones,  boulders,   or  otherwise. 

RECORD  OF  GRANT— RENT.  Sec.  108.  The  grantee  shall 
record  his  grant  with  the  Mining  Recorder  within  three  days 
after  obtaining  the  same,  and  pay  for  such  record  the  fee  pro- 
vided in  the  Schedule  to  this  Act;  and  he  shall  also  pay  to  the 
Mining  Recorder  annually  a  rent  of  twelve  dollars  and  fifty 
cents  for  each  quarter  of  a  mile  of  right  of  way  legally  held 
under  such  grant. 

INTEREST  OF  GRANTEE  A  CHATTEL  INTEREST. 
Sec.  109.  The  interest  of  the  grantee  in  his  gr-'.nt,  and  in  all 
flumes  and  fixtures  connected  therewith,  shall  be  deemed  to  be 
1 2  chattel  interest  equivalent  to  a  lease  for  the  term  of  such 
|«rant. 


i 


Jrt 


44< 


BRITISH  COLUMBIA. 


i:  i^ 


!, 


EXTENSION  OF  TERM.  Sec.  no.  Upon  the  expiration 
of  the  grant  for  a  bed-rock  flume,  it  may  b«  extended  for  any- 
further  term  not  exceeding  five  years  for  any  one  extension,, 
at  the  discretion  of  the  Gold  Commissioner. 

FORFEITURE  OF  GRANT.  Sec.  in.  Any  grant  of  3 
bed-rock  flume  shall  be  forfeited  whenever  the  grantee  shall  faiL 
to  comply  with  the  conditions  thereof,  or  of  this  Act. 


VII. 
LEASES. 

LEASES  OF  UNOCCUPIED  CROWN  LAND  FOR 
PLACER  MINING,  ETC.  Sec.  112.  (1896,  c.  35,  s.  5.)  It 
shall  be  lawful  for  the  Gold  Commissioner,  with  the  sanction 
of  the  Lieutenant-Governor  in  Council,  to  grant  a  lease  of  any 
unoccupied  and  unreserved  Crown  land  for  placer  mining  pur- 
poses or  for  precious  stone  diggings  for  any  term  not  exced- 
ing  twenty  years,  on  such  terms  and  conditions  as  he  shall 
think  fit;  and  any  free  miner  desiring  to  obtain  a  lease  of  any 
placer  mining  ground  shall  mark  out  such  ground  by  placing 
a  legal  post  at  each  corner,  and  shall  post  a  notice  on  the  post 
nearest  to  the  placer  mining  claims  then  being  worked  in  the 
immediate  locality,  and  also  on  the  office  of  the  Mining  Re- 
corder, which  notice  shall  set  out — 

(i.)    The  name  of  each  applicant. 

(a.)    The  locality  of  the  ground  to  be  acquired. 

(3.)    The  quantity  of  ground. 

(4.)    The  term  for  which  such  lease  is  to  be  applied  for. 

APPLICATION  FOR  LEASE.  Sec.  113.  (1896,  c.  35.  s.  6.) 
The  free  miner,  after  staking  the  ground  and  posting  the  no- 
tices as  aforesaid,  shall,  within  thirty  days,  make  application  ia 
writing,  addressed  to  the  Gold  Commissioner,  which  application 
•hall  be  in  duplicate,  with  the  plan  of  the  ground  on  the  back, 
and  shall  leave  the  same  at  the  office  of  the  Mining  Rec  rder, 
which  application  shall  set  out — 

(i.)    The  name  of  each  applicant. 

(a.)    The  number  of  each  applicant's  free  miner's  certiricate.. 

(3.)    The  locality  of  the  ground. 

(4.)    The  quantity  of  ground. 

(5.)    The  term  of  the  lease  desired. 

(6.)    The  rent  proposed  to  be  paid. 


TR 

(1896, 

shall   ( 

Gold  ( 

every  j 

for  an> 

the  sun 

time  thi 

twenty 

the  firsi 

shall  be 

Commisi 

which  nc 

dress;  su 

the  appli, 

granted, 

applicant; 

accordanc 

posited  sh 

shall  be  V 

Sec.  115I 

AREAS 
plications 
distances  : 

Jn  creei 
"'•'Je  in  let 
Any  otf 
•^ase  shall  i, 
^^e  hundre) 

Precious  r 
'°''  precious 
°f  other  pJ 
^^^^  Purposi 

,     Provided,] 
'°  «ffect  thf 

p^ound   to   J 
■"^^e  and  p] 

iPenditure    J 

I  "ifreof. 

Ifrr^^   LEaI 


PLACER  MINING. 


44^ 


tit 


TRIPLICATE  GROUND  PLAN  TO  BE  FILED.    Sec.  114. 
(1896,  c.  35,  8.  7.)    On  making  such  application  the  free  miner 
bhall   deposit   with   the   Mining    Recorder,   for   the   use   of   the 
Gold  Commissioner,   a  plan  of  the  ground,   in  triplicate.    And 
every  person  making  application  for  a  lease  of  mining  ground 
for  any  purpose  under  the  provisions  of  this  Act  shall  deposit 
the  sum  of  twenty  dollars  with  the  Gold  Commissioner  at  the 
time  the  application  is  made.    If  the  application  is  granted,  the 
twenty  dollars  deposited  to  be  applied  towards  the  payment  of 
the  first   year's  rent,   and   the   balance  of   the  first  year's   rent 
shall  be  paid  by  the  applicant  within  sixty  days  after  the  Gold 
Commissioner  gives   him  notice  of  the   execution   of  the   lease» 
which  notice  may  be  sent  by  letter  to  the  applicant  to  his  ad- 
dress; such  address  to  be  left  with  the  Gold  Commissioner  when. 
the  application  for  the  lease  is  made.    If  the  application  is  not 
granted,  the  twenty  dollars  deposited  is  to  be  returned  to  the- 
applicant;  but  in  case  the  applicant  fails  to  perform  his  part  iik- 
accordance    with    his    application,    then    the    twenty    dollars    de> 
posited  shall  be  forfeited  to  the  government,  and  his  appiicatioox 
shall  be  void. 
Sec.  115.    (Repealed  by  1896,  c.  35,  s.  8.) 

AREAS  OF  GROUND.  Sec.  116.  (1896,  c.  35,  s.  9.)  Ap- 
plications shall  not  be  for  greater  than  the  following  areas  or 
distances: 

In  creek  diggings  on  abandoned  or  unworked  creeks,  half  a> 
mile  in  length. 

Any  other  placer  mining  ground,  eighty  acres;  but  in  no 
case  shall  any  lease  extend  along  any  creek  or  river  more  than 
five  hundred  yards;  creek  diggings  excepted. 

Precious   stone   diggings,   ten   acres;    but    the   right   to    mine 
lor  precious  stones  shall  not  include  the  right  to  mine  for  gold 
or  other  precious   metals,   unless   the   ground   be  held   also   for* 
that  purpose  separately,  under  the  provisions  of  this  Act. 

Provided,  always,  that  nothing  in  this  Act  shall  be  deemed 
to  affect  the  right  of  any  holder  of  a  lease  of  placer  mining^ 
ground  to  a  renewal  thereof,  if  such  holder  has  substantialljr* 
made  and  performed  upon  the  ground  the  labor,  work,  and  ex- 
penditure required  by  such  lease  as  a  condition  of  renewal- 
1  thereof. 

NO  LEASE  GRANTED   OF  AGRICULTURAL   OR  OC- 
ICUPIED    GROUND.     Sec.    117.     (1894,   c.  33,  »•  6.)    A  lease- 


I     : 


■  Iff 


'31.4 


-448 


BRITISH  COLUMBIA. 


«hall  not  be  granted  for  any  mining  ground  any  portion  of 
^which  is  actually  occupied  by  free  miners,  unless  with  the  con* 
sent  of  such  occupiers;  and  no  lease  shall  be  granted  for  any 
^mining  ground  which  is,  in  the  opinion  of  the  Gold  Commis- 
sioner, available  for  agricultural  purposes. 

GOLD  COMMISSIONER\S  POWERS.  Sec.  118.  (1896,  c. 
JS,  s.  10.)  The  Gold  Commissioner  may,  with  the  sanction  of 
the  Lieutenant-Governor  in  Council,  grant  or  refuse  any  appli- 
•cation  for  a  lease  of  placer  mining  ground,  or  modify  the  terms 
and  conditions  of  such  application  as  he  shall  think  fit. 

APPLICATIONS  WITH  PLAN  ANNEXED.  Sec.  119. 
(1896,  c.  35,  s.  II.)  Every  application  for  a  lease  of  placer  min- 
ing ground,  together  with  the  plan  of  the  ground  and  the  Gold 
'Commissioner's  report  thereon,  shall  be  forwarded  by  such 
Gold  Commissioner  to  the  Lieutenant-Governor  in  Council,  and 
-no  lease  shall  be  granted  on  any  such  application  without  his 
sanction. 

LEASES  TO  BE  IN  WRITING,  ETC.  Sec.  120.  (1896,  c. 
35,  s.  12.)  Every  lease  of  mining  ground  shall  be  in  writing 
-signed  by  the  Gold  Commissioner  and  the  lessee,  and  shall  be 
in  duplicate  or  triplicate,  as  the  case  may  require,  and  one 
-copy  of  every  such  lease  shall,  as  soon  as  possible  after  it  is 
issued,  be  transmitted  by  mail  by  the  Gold  Commissioner  issu- 
ing the  same,  to  be  filed  in  the  oiTfice  of  the  Mining  Recorder 
in  the  fining  division  of  the  district  in  which  the  mining 
ground  leased  is  situated. 

CONTENTS  OF  LEASE.  Sec.  121.  Every  lease  shall  pro- 
vide for  securing  to  the  public  reasonable  rights  of  way  and 
water,  and  shall  contain  a  covenant  by  the  lessee  to  mine  the 
ground  in  a  miner-like  manner,  and  shall  contain  such  cov- 
■enants  for  the  continuous  working  of  such  ground  as  the  Gold 
Commissioner  shall  think  reasonable,  and  shall  reserve  the  right 
to  free  miners  to  enter  on  such  ground  and  mine  for  veins  or 
lodes,  as  defined  by  the  "Mineral  Act,  1891."    . 

FORFEITURE  OF  LEASE.  Sec.  122.  (1896,  c.  35,  s.  13^ 
On  the  non-performance  or  non-observance  of  any  covenant  or 
-condition  in  any  lease,  such  lease  shall  be  declared  forfeited 
by  the  Gold  Commissioner,  subject  to  the  approval  of  the  Min- 
ister of  Mines,  unless  good  cause  be  shown  to  the  contrary- 
After  any  such  declaration  of  forfeiture,  the  mining  ground 
■shall  be  open  for  location  by  any  free  miner.    No  lease,  whether 


made 
declari 
LE. 
'23.    I 
not  be 
Gold  ( 
Sec. 
held  ur 
ficiently 
^he  satij 
tion  0/ 
to  be  W( 
upon  th< 
able  timi 
"lining  g 
wissioner 
m  Counci 
*''e  case; 
under  Jeas 
\vhen  the 
a  carryins 
«'ater,  and 
''"ch   ditch 
thereof. 

I'ROCE 
(1896,  c.  35 

^"e  holder 
('■)    Pos 
conspicuous 
'^  intended 
,  °^  the  Mini 
I  ^'^aJJ  contaii 
(^■)    The 
(b-)    The 
,     ^<:-)    The 
r^^'^am.   Jake 

r'"dfd  to  be 

(^')    The 

^e-)    The 

(^•)    The 

^?)    The 


PLACER  MINING. 


449 


made  before  or  after  the  passage  of  this  Act,  shall  hereafter  be 
declared  forfeited,  except  in  accordance  with  this  section. 

LEASES  TO  BE  ONLY  FOR  PLACER  MINING.  Sec. 
123.  Leases  shall  be  granted  for  placer  mining  only,  and  shall 
not  be  assigned  to  sub-let  without  the  written  consent  of  the 
Gold  Commissioner. 

Sec.  124.  6  May,  i8q7.  When  any  placer  mining  ground  is 
held  under  lease,  and  such  mining  ground  shall  have  been  ef- 
ficiently worked  as  required  by  the  conditions  of  the  lease,  to 
the  satisfaction  of  the  Gold  Commissioner,  and  if  at  the  expira- 
tion of  the  lease  a  portion  of  said  mining  ground  remains  still 
to  be  worked,  the  lessee  may  obtain  an  extension  of  the  lease 
upon  the  same  conditions  as  thi  original  lease  for  such  reason- 
able time  as  will  enable  him  to  work  out  such  portion  of  said 
mining  ground  as  still  remains  unworked,  and  the  Gold  Com- 
missioner may  with  the  sanction  of  the  Lieutenant-Governor 
in  Council  grant  such  extension  by  memorandum  endorsed  on 
the  case:  Provided  that  whenever  the  mining  ground  so  held 
under  lease  has  been  forfeited,  abandoned,  or  worked  out,  and 
when  the  ditch  or  flume  constructed  for  conveying  water  has 
a  carrying  capacity  of  not  less  than  five  hundred  inches  of 
water,  and  shall  have  cost  not  less  than  five  thousand  dollars, 
such  ditch  or  flume  shall  remain  the  property  of  the  owner 
thereof. 

TROCEDURE  TO  OBTAIN  SUCH  GRANT.  See.  124a. 
(1896,  c.  35,  s.  15.)  Before  applying  for  any  such  water  grant, 
the  holder  of  a  lease  shall — 

(i.)  Post  a  notice  in  writing  on  a  legal  post  upon  some 
conspicuous  part  of  the  mining  ground  on  which  such  water 
is  intended  to  be  used,  and  a  copy  of  such  notice  on  the  office 
of  the  Mining  Recorder  for  at  least  twenty  days,  which  notice 
shall  contain  the  following  particulars: 

(a.)    The  name  of  each  applicant. 

(b.)    The  number  of  each  applicant's  free  miner's  certificate. 

(c.)  The  name,  or  if  unnamed,  a  sufiicient  description  of  the 
I  stream,  lake,  or  other  source  from  which  such  water  is  in- 
1  tended  to  be  taken. 

(d.)    The  point  of  diversion  or  intended  ditch-dead. 

(e.)    The  number  of  inches  of  water  applied  for. 

(f)    The  purpose  for  which  it  is  required. 

(g.)    The  date  of  the  notice. 


f  'I 


( 


450 


BRITISH  COLUMBIA. 


I,  I 


I 


CONSOLIDATION   OF  HOLDINGS.    Sec.    124b.    (1896,  c. 
35,  s.  15.)    Any  free  miner,  or  two  or  more  free  miners,  holding 
adjoining  leases   of  placer  mining  ground,  may  consolidate  his 
or  their  holdings  into  one  holding,   not  to  exceed  six  hundred 
and  forty  acres,  by  filing  with  the  Mining  Recorder  a  declara- 
tory statement  containing  the  name  of  the  company  or  partner- 
'  ship  which  is  to  hold  the  consolidated  lease,  the  location   and 
size  of  each  lease,  and  the  particular  interest  of  each  free  miner 
in  the  leases  to   be  consolidated,   and  such   statement   shall   be 
signed  by  the  holder  or  holders  of  the  leases  to  be  consolidated. 
After    filing    such    declaratory    statement,    such    free    miner,    or 
free  miners,  shall  be  allowed  in  each  and  every  year  to  perform 
on  any  one  or  more  of  such  leases  all  the  work  that  is  neces- 
sary to   be  performed   to   hold   all   such   leases,   and   any   water 
grant  that  has  been  made  for  the  working  of  any  one  of  such 
leases   shall,   after  the   consolidation    of   such    leases,    be   appur- 
tenant  to  and   may   be   used   on   any  one  of   such   consolidated 
leases;    and    provided    further,    that    when   two    or    more    leases 
have   been   consolidated   into   one   holding,   as   provided   in   this 
section,    and    such    leases    contain    a    provision    that    a    certain 
amount  of  money  shall   be   expended  in  working  each   of  such 
leases   each  year  in  order  to  hold   it,  the  holder  or  holders  of 
such   leases   may,   in   lieu   of  the   required   expenditure   in   work 
on  such  leases  in  each  year,  pay  to  the  Mining  Recorder  of  the 
Mining  Division  in  which  such  leases  are  situate,  a  sum  equal 
to  twenty-five  per  cent,  of  the  aggregate  amount  required  to  be 
so   expended   in   work  on   the   consolidated   leases,   and    receive 
from    such    Recorder   and    record    a   receipt   for   such    payment; 
and   payment   and   record   thereof   in  any   year   shall  relieve  the 
person  making  it  from  the  necessity  of  doing  any  work  during 
the    year  in  and  for    vvhich    and    upon  the  lease  in  respect  of 
which  such  payment  is  recorded. 

RECORD  OF  WATER  GRANTS.  Sec.  125.  (1896,  c.  35.  s. 
16.)  Every  grant,  and  every  extension  of  a  grant,  of  a  water 
right  for  mining  grounds  leased  shall  be  recorded  in  the  "Rec- 
ord of  Water  Grants,"  but  it  shall  not  be  necessary  to  record 
such  grant  or  extension  annually. 

GRANT  OF  LEASE  OF  RIVER  BED,  ETC.  Sec.  126. 
(189s,  c.  40,  s.  8.)  It  shall  be  lawful  for  the  Gold  Commissioner, 
with  the  sanction  of  the  Lieutenant-Governor  in  Council,  to 
grant  a  lease  for  any  term,  not  exceeding  twenty  years,  of  the 


bed  ( 
for  a 
shall 
reserv 
run  ta 
two  fe 
putting 
fore  or 
the  hoj 
before 
^or  goJti 
?aged  ii 
or  any  < 
or  mine 
provided 
'ns-  Act, 
at  such  t 
^^ys  resej 
•"ay  be  d 
'^e  Purpoi 
°''  rocker. , 
'"  any  maj 

dredging, 
^""  right 


nOTEc 

.*'n?-dams  y 
"?'  nor  to 


|%IJ^G 

'   ^'  a  Minu 
^fPOl]\rTJ 


I'LACER  MINING. 


451 


bed  of  any  river  below  low  water  mark  for  dredging  purposes, 
for  a  distance  not  exceeding  five  miles,  upon  such  terms  as  he 
shall   think   fit:    Provided,   always,   that   every   such   lease   shall 
reserve   the   right   to   every   free   miner   or   mining   company  to 
run  tailings  into  such  river  at  any  point  thereon,  also  to  mine 
two  feet  below  the  surface  of  the  water  at  low  water  mark,  by 
putting  in  wing-dams,  whether  such  free  miner  shall  locate  be- 
fore or  after  the  date  of  such  lease;  and  it  shall  be  lawful  for 
the  holder  or  holders  of  any  lease  or  leases,   whether  granted 
before  or   after  the  passing  of   this   Act,   engaged   in   dredging 
for  gold  in  any  such  river,  at  the  time  when  they  may  be  en- 
gaged in  dredging,  to  cut  into  any  bar,   bench,  or  old  channel 
or  any  of  the  banks  of  such  river  on  which  they  hold  leases, 
or  mine  in  any  bench  or  bank  thereof  during  high  or  low  water, 
provided  the  same  ground  is  not  leased  under  the  "Placer  Min- 
ing Act,  1891,"  and  amending  Acts,  or  any  other  Act,  or  is  not 
at  such  time  being  worked  by  free  miners,  the  right  being  al- 
ways reserved  to  free  miners  to  construct  wing-dams  as  far  as 
may  be  desired  into   any   of  such   bars,   banks,   or  benches   for 
the  purpose  of  conducting   mining  operations,   either  by   sluice 
or  rocker,   and  parties  holding   suoh  dredging   leases   shall   not 
in  any  manner  interfere  with  any  free  miner  or  stop  him  from 
working  any   part  of  said  river  or  benches,   otherwise  than  by 
dredging,   of  which   the  holders   of   such   leases    shall   have   the 
iull  right. 


lee.  12^ 

IssioO*^' 

of  the 


DREDGERS-PROTECTION. 

PROTECTION  TO  DREDGERS.  Sec.  126a.  (1895,  c.  40, 
«•  9)  It  shall  not  be  lawful  for  any  free  miner  to  construct 
wing-dams  within  one  thousand  feet  of  any  dredger  while  work- 
ing, nor  to  obstruct  any  dredger  in  any  manner. 


VIII. 

[MINING  RECORDERS-APPOINTMENT,  DUTIES,   POW> 

ER.S. 

APPOINTMENT    OF    MINING    RECORDER.     Sec.   127. 

|The  Lieutenant-Governor  in   Council   may  appoint   any  person 

be  a  Mining  Recorder  in  and  for  any  part  of  the  Province. 

APPOINTMENT  OF  RECORDER  BY  MINERS  THEM- 


i,^!^ 


"  ;» 


«*- 


k-  i^M 


aS; .  i 


^ 


'  i 


'I  ll 


452 


BRITISH  COLUMBIA. 


I  ■ 


SELVES.  Sec.  128.  Where  mineral  land  is  discovered  in  a 
part  of  the  Province  so  situate  that  the  provisions  of  this  Act 
as  to  free  miners'  certificates  and  records  of  mining  property 
cannot  be  justly  applied  or  enforced,  by  reason  of  there  being 
no  Gold  Commissioner  or  Mining  Recorder  in  the  locality,  it 
shall  be  lawful  for  the  miners  of  such  locality  to  hold  meetings 
at  such  times  and  places  as  may  be  agreed  upon,  and  at  such 
meetings  by  a  two-thirds  vote,  to  appoint  one  of  their  number 
to  issue  free  miner's  certificates  and  to  enter  records  of  mining 
property;  and  such  certificates  and  records  shall  be  valid,  not- 
withstanding any  information  therein:  Provided  that  all  records 
so  made,  and  all  fees  for  the  same  in  accordance  with  the 
Schedule  to  this  Act,  and  a  list  of  all  free  miners'  certificates 
issued,  and  the  date  and  term  thereof,  and  the  fees  f«r  the 
^ame,  be  forwarded  to  the  nearest  Gold  Commissioner  or  Min- 
ing Recorder  as  soon  thereafter  as  practicable. 

RECORDER  TO  ISSUE  CERTIFICATES.  Sec.  129. 
Every  Mining  Recorder  shall  issue  free  miners'  certificates  and 
^'substituted  certificates"  to  all  persons  and  companies  entitled 
thereto. 

COUNTERFOILS  TO  BE  FILED.  Sec.  130.  Such  free 
miners'  certificates  shall  be  taken  from  a  printed  book  of  forms, 
with  duplicate  counterfoils,  one  of  which  counterfoils  shall  be 
filed  in  the  office  of  the  Mining  Recorder. 

BOOKS  TO  BE  KEPT  BY  MINING  RECORDER.  Sec. 
131.  Every  Mining  Recorder  shall  keep  the  following  books, 
to  be  used  for  placer  mining  entries: 

(a.)    A  book  to  be  known  as  the  "Record  Book." 
(b.)    A    book  to  be  known    as    the  "Record    of    Abandon- 
ments." 

(c.)    A  book  to  be  known  as  the  "Record  of  Affidavits." 

(d.)    A  book  to  be  known  as  the  "Record  of  Conveyances." 

(e.)    A  book  to  be  known  as  the  "Record  of  Water  Grants." 

RECORD     AND    RE-RECORD    OF    CLAIMS.      Sec.  132 

Upon  the  application  of  or  on  behalf  of  any  free  miner,  and 

upon  the  receipt  of  all  the  particulars  required  by  section  23 

of  this  Act,  the  Mining  Recorder  shall  record  any  placer  claim, 

by  entering  all  the  particulars  required  by  said  section  in  the 

Record  Book,  which  entry  shall  be,  as  near  as  convenient,  in 

the  Form   B   in  the   Schedule  to  this  Act.    Upon  the  appHca- 


tier 

all 

ing 

the 

whic 

the  < 

any 

qufrei 

sectio 

RE 

shall 
and  01 
Commi 
Sec. 

REC 

ceipt   oj 
record  1 
notice, 
such  no: 
the  date 
'"  a  pla 
wemoran 
doned. 

RECO 

Recorder 
"nd  decia 
his  office, 

RECO] 
^^initig  j(\ 

Record    0/ 

'3'«.  contr, 

powers  of 
f  the  abc 
'°'"  that  p,^ 

.  ^ecor] 

!"?  KecordI 

'"?  Propertf 

^^'  all  such) 

ENTRY  f 

,  '"  any  of  tjf 

*'''ch  such 


PLACER  MINING. 


4.';.? 


tion  of  or  on  behalf  of  any  free  miner,  and  upon  receipt  of 
all  the  particulars  required  by  section  38  of  this  Act,  the  Min- 
ing Recorder  shall  re-record  any  placer  claim,  by  entering  all 
the  particulars  required  by  said  section  in  the  Record  Book, 
which  entry  shall  be,  as  near  as  convenient,  in  the  Form  C,  in 
the  Schedule  to  this  Act.  The  Mining  Recorder  shall  not  make 
any  such  record  until  he  has  received  all  the  particulars  re- 
quired by  section  23,  and  any  record  made  in  violation  of  this 
section  shall  be  absolutely  void. 

RECORD  OF  LAY-OVER.  Sec.  133.  The  Mining  Recorder 
shall  record  every  lay-over,  leave  of  absence,  license  permit, 
and  other  privilege  granted  and  forfeiture  declared  by  the  Gold 
Commissioner  in  the  Record  Book. 

Sec.   134.    Repealed  1897. 

RECORD  OF  ABANDONMENT.  Sec.  135.  Upon  the  re- 
ceipt of  a  notice  of  abandonment,  the  Mining  Recorder  shall 
record  the  same  in  the  Record  of  Abandonments,  and  file  such 
notice,  and  write  across  the  record  of  the  claim  affected  by 
such  notice,  in  the  Record  Book,  the  word  "Abandoned,"  and 
the  date  of  the  receipt  by  him  of  the  notice.  If  only  an  interest 
in  a  placer  claim  is  abandoned,  and  not  the  entire  claim,  the 
memorandum  in  the  record  shall  show  which  interest  is  aban- 
doned. 

RECORD  OF  AFFIDAVITS.  Sec.  136.  The  Mining 
Recorder  shall  record,  by  copying  out  verbatim,  all  affidavits 
and  declaratory  statements  brought  to  him  in  connection  with 
his  office,  in  the  Record  of  Affidavits. 

RECORD  OF  DOCUMENTS  OF  TITLE.  Sec.  137.  The 
Mining  Recorder  shall  record,  by  copying  out  verbatim,  in  the 
Kecord  of  Conveyances,  all  conveyances,  mortgages,  bills  of 
sale,  contracts  for  sale,  and  other  documents  of  title,  including 
powers  of  attorney,  or  other  authorities,  to  execute  all  or  any 
of  the  above  description  of  documents  when  brought  to  him 
for  that  purpose. 

RECORD  OF  OTHER  DOCUMENTS.  Sec.  138.  The  Min- 
ing Recorder  shall  record  all  other  documents  relating  to  min- 
ing property  which  may  be  brought  to  him  for  record,  and  shall 
file  all  such  documents  which  may  be  brought  to  him  to  be  filed. 

ENTRY  TO  SHOW  DATE.  Sec.  139.  Every  entry  made 
in  any  of  the  Mining  Recorder's  books  shall  show  the  date  on 
*hich  such  entry  was  made. 


h< 


■  i  ■'  '■'" 


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f :. 


tir  ,; 


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i.  I  i 


if  .  i  \ 


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I'  ■  m 


:  ■  ■' 


454 


BRITISH  COLUMBIA. 


I 


BOOKS  TO  BE  OPEN  FOR  INSPECTION.  Sec.  140. 
All  books  of  record  shall,  during  office  hours,  be  open  to  pub- 
lic inspection  free  of  charge,  and  documents  filed  shall  be  open 
to  public  inspection  upon  payment  of  the  fee  set  uut  in  the 
Schedule  to  this  Act. 

OFFICE  COPIES  TO  BE  EVIDENCE.  Sec.  141.  Every 
copy  of,  or  extract  from,  any  entry  in  any  of  the  said  books, 
or  of  any  document  filed  in  the  Mining  Recorder's  office,  certi* 
fied  to  be  a  true  copy  or  extract  by  the  Mining  Recorder,  shall 
be  received  in  any  Court  as  evidence  of  the  matters  therein 
contained. 

FEES  TO  BE  PRE-PAID.  Sec.  142.  Before  issuing  any 
free  miner's  certificate,  or  substituted  certificate,  or  making 
any  entry  in  any  book  of  record,  or  fling  any  document,  or 
making  any  copy  or  extract  tkcrefroni,  the  Mining  Recorder 
shall  collect  the  fees  payable  in  respect  thereof,  as  set  out  in 
the  Schedule  to  this  Act. 

RECORDER  TO  RECEIVE  DOCUMENTS  FOR  COM 
MISSIONER.  Sec.  143.  The  Mining  Recorder  shall  receive 
all  applications  and  other  documents  addressed  to  or  intended 
for  the  Gold  Commissioner,  and  forward  the  same  to  the  Gold 
Commissioner. 

TO   RECEIVE   MONEY  UNDER  ACT.  Sec.    144.      The 

Mining   Recorder   shall   receive   all   deposits   of  money  directed 

to  be  made  by  this  Act,  and  apply  the  same  as  directed  by  this 
Act. 

TO  COLLECT  RENT.  Sec.  145.  The  Mining  Recorder 
shall  collect  all  rents  collectable  under  the  conditions  ot  any 
lease  or  other  documents  granted  utider  the  provisions  of  this 
Act. 

MONEYS  COLLECTED  TO  BE  PAID  INTO  PROVIN- 
CIAL TREASURY.  Sec.  146.  The  Mining  Recorder  shall 
forward  to  the  Provincial  Treasury  all  fees,  rents,  fines,  penal- 
ties, and  other  moneys  collected  or  obtained  by  him  in  accord- 
ance with  the  provisions  of  this  Act. 

RECORDER'S   OFFICE.    Sec.    147.    It   shall   be  lawful  fori 
the    Lieutenant-Governor   in    Council    to   divide   and    subdivide 
any  district  into  mining  divisions,  and  to  establish  in  each  orj 
either   mining  division  a   Mining   Recorder's   office. 


PLACER  MINING. 


455 


EFFECT  OF  ESTABLISHING  RECORD  OFFICE  IN 
A  MINING  DISTRICT.  Sec.  148.  Upon  the  establish- 
ment of  a  mining  division,  and  the  opening  of  a  Mining  Re- 
corder's oflfice  therein,  under  the  authority  of  the  last  preced- 
ing section — 

(a.)  Such  office,  and  none  other,  shall  be  the  proper  office 
for  recording  all  placer  claims,  records,  certificates,  documents, 
or  other  instruments  affecting  claims,  placer  mines  held  as 
real  estate,  or  placer  mining  property,  situate  within  such  min- 
ing division,  and  whenever  by  this  Act,  or  any  act  amending 
the  same,  anything  is  required  to  be  done  at  or  in  the  office 
of  the  Gold  Commissioner  or  Mining  Recorder  of  the  district, 
it  shall,  if  the  same  affects  or  concerns  any  claim,  placer  mine 
held  as  r»al  estate,  or  placer  mining  property,  situate  within 
a  mining  divisioa,  be  done  at  or  in  the  office  of  the  Mining 
Recorder  of  the  mining  division  wherein  such  claim  or  mine 
or  other  mining  property  is  situate. 

(b.)  Upon  the  district  or  division  of  any  Mining  Recorder 
being  divided  or  subdivided  into  mining  divisions,  it  shall  be 
the  duty  of  such  Mining  Recorder  to  make,  or  cause  to  be 
made,  a  transcript  of  all  the  entries  in  all  the  books  mentioned 
in  section  131  of  this  Act,  affecting  claims,  placer  mines  held 
as  real  estate,  or  placer  mining  property,  situate  in  each  newly 
created  mining  division,  and  to  forward  the  same  to  the  Min- 
ing Recorder  of  such  mining  division,  and  such  transcript  shall 
be  kept  in  such  office  as  part  of  the  records  of  such  office,  and 
all  transcripts  of  such  records,  certificates,  documents,  or  other 
instruments,  shall,  prima  facie,  be  deemed  to  be  true  copies 
of  the  several  records,  certificates,  documents,  or  other  instru- 
ments of  which  they  purport  to  be  transcripts;  and  such  tran- 
scripts or  copies  thereof,  when  certified  by  the  Mining  Recorder 
of  the  raining  division  in  whose  office  they  ai'e  kept,  shall  be 
admissible  in  evidence  in  all  Courts  of  Judicature  in  the  Prov- 
ince. 

GOLD  COMMISSIONER  TO  HAVE  ALL  POWERS  OF 
MINING  RECORDER.  Sec.  149.  When  there  shall  be  no 
Mining  Recorder  for  a  district  or  division,  the  duties  of  the 
Mining  Recorder  shall  devolve  upon  the  Gold  Commissioner, 
and  it  shall  at  all  times  be  lawful  for  the  Gold  Commissioner 
to  perform  the  duties  of  the  Mining  Recorder,  and  the  Gold 
Commissioner  shall  have  all  the  powers  of  a  Mining  Recorder. 


If 


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4S6 


BRITISIJ  COLUMBIA. 


OFFICE  HOURS.  Sec.  150.  The  Mining  Recorder's 
office  shall  be  open  upon  all  days,  excepting  public  holidays, 
from  10  A.  M.  to  4  P>  M.,  and  such  times  shall  be  deemed 
the  office  hours  of  such  office. 


IX. 
GOLD   COMMISSIONER'S   POWERS. 

POWERS  OF  COMMISSIONER.  Sec.  151.  It  shall  be 
lawful  for  the  Gold  Commissioner  to  perform  the  following 
acts  in  accordance  with  the  provisions  of  this  Act: 

(a.)  He  may  lay  over  any  or  all  claims,  and  may  grant  to 
any  holder  of  a  claim  leave  of  absence  for  sych  period  and 
reasons  as  he  may  think  proper. 

(b.)  He  may  prescribe  the  number  of  miners  who  shall  be 
required  to  work  in  prospecting  a  set  of  claims  until  gold  in 
paying  quantities  is  found. 

(c.)  For  the  more  convenient  working  of  back  claims  on 
benches  or  slopes,  the  Gold  Commissioner  may  permit  the 
owners  thereof  to  drive  a  tunnel  through  the  claims  fronting 
on  any  creek,  ravine,  or  water-course,  upon  such  terms  as  shall 
seem  expedient:  Provided  that  in  tunneling  under  hills,  on  the 
frontage  of  which  angles  occur,  or  which  may  be  of  an  oblong 
or  elliptical  form,  no  party  shall  be  allowed  to  tunnel  from  any 
of  the  said  angles,  nor  from  either  end  of  such  hills,  so  as  to 
interfere  with  parties  tunneling  from  the  main  frontage. 

(d.)  He  may  mark  out  a  space  of  ground  for  deposit  of 
leavings  and  deads  from  any  tuanel,  claim,  or  mining  ground, 
upon  such  terms  as  he  may  think  just. 

(e.)  He  may  extend  the  limits  of  a  claim  in  "bench  dig- 
gings" beyond  the  limits  of  the  bench,  but  not  to  exceed  100 
feet  square. 

(f.)  He  may,  in  case  of  disputed  boundaries  or  measure- 
ments, employ  a  surveyor  to  mark  and  define  the  same,  and 
cause  the  reasonable  expense  thereof  to  be  paid  by  either  or 
both  of  the  parties  interested  therein. 

(g.)  He  may  permit  or  order  mining  posts  to  be  moved. 

(h.)  He  may  summarily  order  any  mining  works  to  be  so 
carried  on  as  not  to  interfere  with  or  endanger  the  safety  of 
the  public,  any  public  work  or  highway,  or  any  mining  prop- 
erty, mineral  claim,  placer  claim,   bed-rock  drain,  or  bed-rock 


fil/ed 
who  ] 
such 

0'.) 

miner 

necessi 
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Ci.) 
pose  of 
powers 
Sub-s 
(I)    ] 
structing 
<^-^Piratio 
(m.) 

fi'round  a 
a'^  such  ] 

CROW 

'52.     NotM 

^"lendme: 
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^oj-  the  Go 

out  any  te 

claims   all 

°^her  Clair 

c'aims  not  I 

^^a"  be  eii 

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^^«  Gold 
,  necessary  oj 

lofthis  Act.J 


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r  '"ay  cat 
'^'P^"se  therl 


PLACER  MINING. 


457 


flume;  and  any  abandoned  works  may  by  his  order  be  either 
filled  up,  or  guarded  to  his  satisfaction,  at  the  cost  of  the  party 
who  may  have  constructed  the  same,  or,  in  his  absence,  upon 
such  terms  as  he  shall  think  fit. 

(i.)  He  may,  upon  application  made  to  him,  allow  a  free 
miner  such  right  of  entry  upon  any  adjacent  claim  as  may  be 
necessary  for  the  working  of  his  claim,  and  upon  such  terms 
as  may  to  him  seem  reasonable. 

(j.)  He  may  grant  licenses  and  rights  of  way  for  the  pur- 
pose of  constructing  drains  or  tunnels,  and  may  exercise  such 
powers  as  are  specified  in  Part  III  of  this  Act. 

Sub-section  k  repealed  6  May,  1897. 

(1,)  He  may  grant  rights  of  way  for  the  purpose  of  con- 
structing a  bed-rock  flume,  and  may  extend  the  grant  at  its 
expiration,  in  accordance  with  Part  VI    of  this  Act. 

(m.)  6  May,  1897.  He  may  grant  leases  of  placer  mining 
ground  and  he  may  grant  renewals  of  such  leases  and  exercise 
all  such  powers  as  are  specified  in  Part  VII  of  this  Act. 

CROWN  GRANTS  UNDER  G.  M.  A.  ACT,  1873.  Sec. 
152.  Notwithstanding  anything  contained  in  the  "Gold  Mining 
Amendment  Act,  1873,"  or  in  any  Crown  grant  issued  under 
the  said  Act,  or  under  this  or  any  other  Act,  it  shall  be  lawful 
for  the  Gold  Commissioner,  in  his  discretion,  and  with  or  with- 
out any  terms  or  conditions,  to  allow  to  the  owners  of  placer 
claims  all  such  rights  or  privileges  in  and  over  mineral  or 
other  claims  held  as  real  estate  as  may  be  allowed  in  and  over 
claims  not  so  held;  and  owners  of  claims  held  as  real  estate 
shall  be  entitled  to  the  same  rights  and  privileges  as  owners 
of  claims  not  so  held. 

FULL  POWER  TO  CARRY  OUT  THIS  ACT.  Sec.  153. 
The  Gold  Commissioner  shall  have  power  to  do  all  things 
necessary  or  expedient  for  the  carrying  out  of  the  provisions- 
of  this  Act. 


ADMINISTRATION. 

COMMISSIONER     TO     TAKE     DECEASED     MINER'S 

I  PROPERTY.    Sec.   154.    The    Gold    Commissioner    shall    take 

possession  of  the  mining  property  of  any  deceased  free  miner, 

Und  may  cause   such   mining  property   to   be  duly   worked,   or 

dispense  therewith  at  his  option. 


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458 


BRITISH   COLUMBIA. 


COMMISSIOxVER   TO    ADMINISTER   ESTATE   OF   IN- 
TESTATE   DECEASED    MINER.    Sec.    155.    The    Gold    Cora 
missioner,  or  any  person  authorized  by  him,  shall  take  charge 
of  all   the   property  of  any  deceased  free   miner  until  the   issue 
of  letters  of  administration  or  probate  of  the  will,  if  any:    Pro- 
vided,  however,   that   where  any  free  miner  shall   die  intestate, 
and  the  value  of  the  personal  estate  of  such  deceased  free  miner 
is  less  than  three  hundred  dollars,  it  shall  not  be  necessary  for 
the    Gold    Commissioner    to   obtain   from    any    Court    letters   of 
administration,    but   in   such   case   the    Gold   Commissioner   may 
administer   and   wind    up    the    personal    estate    of   the    deceased, 
and  do  all  things  necessary  and  proper  therefor,  and  act  in  all 
respects  :is  if  letters  of  administration  to  the  personal  estate  of 
such  deceased  free  miner  had  been  granted  to  such  Gold  Com- 
missioner, and  the  Gold   Commissioner   shall  produce  and   pass 
his  accounts,  in  each  estate  of  which  he  shall  undertake  the  ad- 
ministration, before  a  Judge  of  the  County  Court  of  the  district. 


COUNTY    COURTS. 

Jurisdiction.    Procedure     Forms,    and    Costs. 

JURISDICTION  01^  COUNTY  COURTS  IN  MIiMNG 
MATTERS.  Sec.  556.  J.n  addition  to  the  jurisdiction  and  pow 
•ers  given  to  County  Courts  by  the  "County  Courts  Jurisdic- 
tion Act,"  and  other  Acts,  every  County  Court  shall  have  and 
•exercise,  within  the  limits  of  "*s  district,  all  the  jurisdictio: 
and  powers  of  a  Coi.»t  of  Law  and  Equity. 

(i.)  In  all  personal  actions,  where  the  debt  or  damage^ 
claimed  arise  directly  out  of  the  lousiness  of  mining  (other  than 
coal  mining),  or  from  the  exercise  of  or  interference  with  any 
right,  power,  or  privilege  given,  or  claimed  to  be  given,  by 
this  Act  or  any  other  Act  relating  to  mi;iing  (other  than  coal 
mining). 

(2.)  In  all  actions  between  employers  and  employes,  where 
the  employment  is  directly  connected  with  the  business  of  mi"' 
ing  (other  than  coal   mining). 

(3.)  In  all  actions  for  supplies  to  persons  engaged  in  min- 
ing, where  such  supplies  were  bought,  contracted  for,  or  sup- 
plied, or  were  alleged  to  have  been  bought,  contracted  for. 
or  supplied  for  mining  purposes,  or  for  consumption  bj'  per] 
Sons  engaged  in  mining  or  prospecting. 


n 


'11  in  in  jf 
'"?  jnrisdi 
*r'^  and 
'ion   or   ci 
County  Co 


Idamages 
ber  than 
ath  any 
iven,  by  I 
lian  coa' 

IS.  Nvhef^ 
o{  tnin- 

in  min- 
or sup- 
cte.l  lor. 


PLACER  MINING. 


459 


(4.)  In  all  actions  of  trespass  on  or  in  respect  of  mineral 
claims  or  other  mining  property,  or  upon  or  in  respect  of  lands 
entered  or  trespassed  on,  or  claimed  to  have  been  entered  or 
trespassed  on,  in  searching  for,  mining,  or  working  minerals 
(uiher  than  coal),  or  for  any  other  purpose  directly  connected 
with  the  business  of  mining  (other  than  coal  mining),  or  in 
the  exercise  of  any  power  or  privilege  g'v^en,  or  claimed  to  be 
given  by  this  Act,  or  any  other  Act  relating  to  mining  (other 
than   coal    mining). 

(5.)  In  all  actions  of  ejectment  from  mineral  claims  or 
other  minng  property,  or  from  lands  entered,  or  claimed  to 
have  been  entered,  in  searching  for,  mining,  or  working  min- 
erals (other  than  coal),  or  for  any  purpose  directly  connected 
with  the  businejjs  of  mining,  or  entered,  or  claimed  to  have 
been  entered,  under  some  power,  right  or  authority  given  or 
obtained  under  the  provisions  of  this  Act,  or  any  other  Act 
relating  to   mining   (other  than   coal   mining). 

(/>. )  In  all  suits  for  foreclosure  or  redemption,  or  for  en- 
forcing any  charge  or  lien,  where  the  mortgage,  charge  or  lien 
skall  be  on   mineral  claims,   mines,   or   other  mining   property. 

(7.)  In  all  suits  for  specific  performance  of,  or  for  reform- 
ing, or  delivering  up,  or  canceling  any  agreement  for  sale, 
purciiase,  or  lease  of  any  mineral  claim,  mine,  or  other  mining 
propertv. 

(8.^  In  all  suits  for  the  dissolution  or  winding  up  of  any 
mining  ^artnership;  whether  registered  or  not,  under  the  pro- 
visions of   this   Act. 

(9.;  /n  all  suits  relative  to  water  ri)?hts  claimod  under  this 
Act,  or  any  other  Act  relating  to  mining  (other  than  coal  min* 
>ng). 

(10.)  In  all  proceedings  for  order?  in  the  nature  of  injunc- 
tions, where  the  same  are  requisite  for  the  granting  of  relief 
in  any  matter  in  which  jurisdiction  is  given  to  the  County 
Court  by  this   Act. 

"MINING  JURISDICTION."  Sec.  15;.  The  jurisdiction 
g'ven  to  County  Courts  by  this  Act  shall  bs  ''/.own  as  the 
"mining  jurisdiction"  of  the  County  Court,  and  the  words  "min- 
ing jurisdiction"  shall  be  written  or  printed  on  all  summonses, 
writs  and  other  process,  and  all  other  documents  in  every  ac- 
tion or  cause  brought  under  the  mining  jurisdiction  of  the 
County  Court. 


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I    'I 


r«i 


460 


BRITISH  COLUMBIA. 


I 
1 


POWERS  OF  COUNTY  COURTS  AND  OFFICERS. 
Sec.  158.  County  Courts  and  County  Court  Judges,  Registrars, 
Sheriffs,  and  other  officers,  shall  have  the  same  duties,  powers, 
privileges,  and  authorities  in  all  actions  and  suits,  and  other 
proceedings  brought  under  the  mining  jurisdiction  of  the 
County  Court,  as  they  now  have,  or  at  any  time  hereafter  may 
have,  in  actions  and  suits  and  other  proceedings  brought  un- 
der the  ordinary  jurisdiction  of  the  County  Court,  and  the 
provisions  of  all  Acts  for  the  time  being  in  force  regulating 
the  duties  and  powers  of  County  Courts  and  County  Coun 
Judges,  Registrars,  Sheriffs,  and  ether  oflfi'^ers,  ?nd  regulating 
the  practice  and  procedure  in  County  Courts,  and  all  Rules 
and  Orders  for  the  time  being  applicable  to  th°  ordinary  juris- 
diction of  the  County  Court,  shall,  so  far  as  practicable  and 
not  inconsistent  with  this  Act,  apply  to  the  mining  jurisdiction 
of  the   County   Cottrt. 

ADJOINING  DISTRICTS.  Sec.  159-  Where  disputes 
arise  concerning  mining  property,  portions  whereof  are  situated 
in  adjoining  or  different  districts,  the  County  Court  of  either 
of  such  districts  before  which  the  dispute  is  first  brought  shall 
determine  it. 

SUMMONSES  RETURNABLE  FORTHWITH.  Sec.  160. 
The  hearing  of  any  summons,  plaint,  or  other  process  in  any 
County  Court  shall  not  be  deferred  beyond  the  shortest  rea- 
sonable time  necessary  in  the  interests  of  all  parties  concerned, 
dnd  it  shall  be  lawful  for  the  Registrar  to  make  summonses  or 
other  proceedings  returnable  forthwith,  or  at  any  other  time. 

COURT   MAY   DECIDE   ON   THE    GROUND.    Sec.    i6t 
In  all  mining  actions  or  suits  the  Court  may  decide  the  ques- 
tion  at    issue   upon   the    ground    in    dispute,    and    such    decision 
shall   be   entered  as  in  ordinary  cases,  and   have  the  same  vir- 
tue and  effect  as  if  rendered  in  Court. 

ISSUES  OF  FACT  MAY  BE  FOUND  BY  A  JURY.  Sec 
162.  In  any  mining  cause  or  suit,  (ither  party  may  require 
that  the  issues  of  fact  shall  be  tried  by  a  jury,  and  the  .fudge 
may,  before  delivering  judgment  in  any  action,  suit,  or  other 
proceeding,  direct  all  or  any  issues  of  fact  to  be  found  by  a 
jury. 

COSTS.  Sec.  163.  In  all  actions,  suits,  and  other  proceed- 
ings  within   the   mining  jurisdiction    of  the   County   Court,  the 


PLACER  MINING. 


h^dge  may   order  that  ^^^ 

jcaie  allowed  by  .he  CouTty  CoJ^'^^  ?"  '"^  '"«'>er  or  ,o„er 

sider  the  case  of  «„«;  .''""7   v^ourt  Rules:    or  if  u^     u  « 

be  taxed  as  ^'n   .1,      c''""'  importance,  he  ma  J  ^^       '^"  ^°"- 

COUNTY  COTT/T  UAo 

™  CERTAIN   CAsI"f«-'T'p'"'°-'^  O^ER  LAND 
'"K  jurisdiction   in    mi„  „„     :.  '^-    E«"-y   County   Court   i,, 
™'„-a'e    „e,d    undTX  'S"  J-"'"'    -*    -tree  f 
■873.     or  under  this  Act    and  .^     •  ^'"'"^   Amendment    Act 
™.rary.   have   the   same   power"   and  '"".*"*  ""^  '--  '"Ihe 
;«.lers  or  disputes  arising  betwJl  """""•"''=   •»   decide  aH 
"«-n   the   owners   thereof  .n^  ""=  <""«"  thereof    or  hj 

™n.n.  joint  stock  companieT  or'^et ''""    ''"'°"-    or  between 

v-r:;::r-irs^r?-^--^^i^:;^ 

w''REGNjAN;;"c\p/i   «fPONDENDUM,    NE   EX 

:'«   "i5.    Any  County  CW.'^L  ""^    ^^^18    FACIENDUM 

'"S  causes,    may   direct    thT  ■       ^^^  '""''"8  i«risdiction  in  m.^;' 

;^™1endun,,   ne' e.'e.t  .e^'^nr  °'  ""''  °'  capias  ad     t' 

'■<  "^es  in  which  by  law  he'  h,f  •  ""i"  "''  satisfaciendum  ?„ 

'"-  of  the  suit,   but   under  and'""  v"'°"  °"'  "'^  ^"^Tect 

»  .f"dge  of  the  Supreme  Cour?         ^"'  '°  ="*  condit  ons 

='"""ons  of  a   similar  nature  ^^'"  "'"""^  '^""ire  in  ap! 

f;™'nS?^r:  r  ^^^^'^^^  court     sec 

;otjn  any  n,a„„eT7„Lrere*:it^r',:  """"i  "^  '"^^^  ^c't 

""•  Supreme  Court.  °'  '^»'^"  the  jurisdiction 

PFv.r     ''^''^^   ^''^   MISCELLANEOUS 
|*«>  p'.Con^wi,fT  CONTRAVENTION  OF  ACT     , 

^'-  •"  -r 'at  sr  x-rrt^c''" « -  -• 

me  uold   Commissioner  or 


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462 


BRITISH  COLUMBIA. 


;  I!  1 


of  any  Judge  presiding  in  a  Court  shall,  on  conviction  thereof 
in  a  summary  way  before  any  two  Justices  of  the  Peace  or  a 
Stipendiary  Magistrate,  or  before  any  Judge  of  a  Court  having 
jurisdiction  in  mining  disputes,  be  liable  to  a  fine  not  exceed- 
ing two  hundred  and  fifty  dollars,  or  to  imprisonment,  with 
or  without  hard  labor,  for  any  term  not  exceeding  three 
months. 

RECOVERY  OF  PENALTIES.  Sec.  168.  All  fines  and 
penalties  imposed  or  payable  under  this  Act  may  be  recovered 
by  distress  and  sale  of  any  mining  or  other  personal  property 
of  the  oflFender,  and  in  default  by  imprisonment,  with  or  with- 
out  hard   labor,   for  any   term   not   exceeding   three   months. 

FINES,  ETC.  Sec.  169.  All  fees,  rents,  fines,  penalties 
and  other  moneys  coVected  under  this  Act  shall  be  paid  into 
the   Provincial   Treasury. 

SAVING  RIGHTS  EXISTING  BEFORE  THE  PASSING 
OF  THIS  ACT.  Sec.  170.  Nothing  herein  contained  shall, 
save  where  such  intention  is  expressly  stated,  be  so  construed 
as  to  affect  prejudically  any  mining  rights  and  interests  ac- 
quired prior  to  the  passing  of  this  Act;  and  all  mining  rights 
and  privileges  heretofore  and  hereunder  acquired  shall,  with- 
out the  same  being  expressly  stated,  be  deemed  to  be  taken 
and  held  subject  to  the  rights  of  Her  Majesty,  Her  heirs  and 
successors,  and  to  the  public  rights  of  way  and  water. 

COPIES  OF  ACT.  Sec.  171.  Every  free  miner,  on  appli- 
cation to  the  Mining  Recorder,  shall  be  entitled  to  a  printed 
copy  of  this  Act. 

BEFORE  WHOM  AFFIDAVITS  MUST  BE  MADE. 
Sec.  172.  Affidavits  and  declarations  made  under  the  provisions 
of  this  Act  shall  be  made  before  some  Judge  or  Registrar  of  a 
Court  of  Record,  or  before  some  Gold  Commissioner,  Mining 
Recorder,  Stipendiary  Magistrate.  Justice  of  the  Peace,  Notary 
Public,   or   Commissioner   for  taking   affidavits. 


TAXATION. 

MINES  AND  MONEYS  INVESTED  THEREIN  xNOT 
EXEMPT.  Sec.  173.  (1805,  c.  40,  s.  12.)  Notwithstanding 
anything  contained  in  the  said  "Placer  Min:ng  Act,  1891,"  or 
amendments   thereto,   mines   and   moneys   invested   therein  shall 


NOT 

ii,"   '^^ 
'  shall 


PLACER  MINING. 


463 


not  be  exempt  from  taxation,   but  shall  bear  such  rate  as  may 
be  imposed  by  any  law  in  force  in  the  Province. 


tADE. 
nsions 
it  of  a 
liining 
rotary 


RULES  AND  REGULATIONS. 

LIEUT.-GOVERNOR    MAY    MAKE    RULES,    ETC.    Sec. 
174.    The   Lieutenant-Governor   in    Council   may   make   such   or- 
ders as  are  deemec'   necessary  from   time  to  time  to   carry  out 
the  provisions  of  this  A.ct  according  to  their  true  intent,  or  to 
meet  the  cases  which  may  arise  and  for  which  no  provision  is 
made  in  this  Act,  or  when  the  piovision  which  is  made  is  am- 
biKuous    or   doubtful;   and    may   also    make   regulations    ior   re- 
lieving   against    forfeitures    arising    under     placer    mining     act, 
1891;  and  may  further  make  and  declare  any  regulations  which 
are  considered  necessary  to   give  the  provisions   in  this   clause 
contained   full    eflFect;    and   from   time   to   time   alter   or   revoke 
any  order  or  orders  or  any  regulations  made  in  respoct  of  the 
sfiid   provisions,    and   make   others    in   their    stead;   and   further 
impose  penalties  not  exceeding  two  hundred  dollars,  or  not  ex- 
ceeding three  months'  imprisonment,  for  violation  of  any  regu- 
lations under  this  Act;  and  further  provide  that  any  statement 
or  returns   required   to    be    made   by    said   regulations   shall    be 
verifed    on    oath.     Every    order    or    regulation    made    by    virtue 
of  the  provisions  of  this  section  shall  have  force  and  eflFect  only 
after  the  same  ha.s  been  published  f«r  two  successive  weeks  in 
the  British   Columbia   Gazette;   and   such  orders  or  regulations 
shall  be  laid  before   the   Legislative   Assembly   within   the   first 
fifteen  days  of  the  Session  next  after  the  date  thereof. 

PENDING  LITIGATION  NOT  AFFECTED.  Sec.  175. 
(i!?95.  c.  40,  s.  14.)  Nothing  in  this  Act  (1895,  c.  40,  s.  14)  shall 
affect  litigation  pending  on  the  first  February,  1895. 


I  i,. :■-<?: 


¥  I 


SCHEDULES    FOR   USE   UNDER    BRITISH    COLUMBIA 

PLACER   MINING   ACT. 


A-LOCATION  NOTICE. 

(Set  out  name  of  claim) Placer  Claim. 

Take  notice  that  (set  out  the  name  of  each  locator)  have 
this  day  located  this  ground  as  a  placer  claim  (or  as  a  set  of.... 

placer  claims),  to  be  known  as  the Placer  Claim 

feet  in  length.    Its  general  direction  is 

Dated 

(Mark  one  post  "Initial  Post,"  and  fix  this  notice  on  that 
post.  If  a  set  of  claims  is  located  only  one  notice  is  requisite, 
but  there   must  be  an   initial   post  for  each   claim.) 


B— RECORD  OF  A  PLACER  CLAIM. 

(Name  of  claim) Placer  Claim. 

Located    by No.    of    certificate (Set    out    the 

name  of  each  locator,  and  the  number  of  each  locator's  Free 
Miner's   Certificate  opposite   such  name.) 

The  claim  is  situate The  length  of  the  claim  is 

feet.    Recorded    for years. 

Located   on    the day   of ,    i8 Recorded    this.... 

day  of ,  18.... 


C-RE-RECC>RD  OF  A  PLACER  CLAIM. 

(Name  of  claim) Placer  claim. 

(Set  out  the  name  of  each  holder  of  an  interest  in  such 
claim,  and  the  number  of  each  holder's  Free  Miner's  Certif- 
icate.) 

The  claim  is  situate 

Re-recorded   for years,    to   commence   to   run   from  the 

day    of ,    18.... 

Re-recorded   this day    of 18.. 


D-RECORD   OF  A   SET   OF   PLACER   CLAIMS. 
(Set   out   the  name   of  each   claim.) 

Located   in   the   partnership   name   of 

I  46.;  ) 


Th 

respe( 

Th< 


Loc 


this 


(Sam 

We  0 
^ree  min 

us    to    CO] 

drain),  a 
such  drai 
years,  an( 

^e  includ< 
quired). 

Dated.. 
'^0  the   Gc 

(Post  n 
setting  out 


Take  not 
2"d  number 
^^^■^nty  davs 
'-o'nmissiont 
°"^  the  nar 
5trpam, 

The 


lake, 
,    ,        'nten 

'*"'cii  such 
Dated. 


^Same  as 

r  every  p^A 

■  i:al ' 

3<| 


PLACER  MINING. 

The   members   of  the 
respective  Free  Miner' 


46s 


numbers   of  their 


partnership  and   the 

The   claims   ar.'"^-l      ^^^^'^'cates  are   .... 

,**"'=    are    situate  ti,      1      

•l.ocaf.a'-orr"'  '-•••■■'•'•■■  •«a:J'"^''-    »'   '""    c.a»    . 
""' ''""  "'  '-'"    ■"    -S-  •    Recorded    on 


,  ,  day    of 

•day  of i« 


,    We  S?™f„  f„OK    PUBLIC   GRAIN  GRANT 
free  miners,  do  hereby  "bdi!  f    ^'^  ^PP"cant),  the  „„dersL.H 
"s  to  construct  a  drafn  r..,  "  ""'"'■'=  <'™i"  grant   ,o!Lm 

1"in),  and  to  charge,  hrU"'  """"  «■"»  «'=„»  of  proo',.: 
such  drain  (.^*.  ^  following  toll?  f,^   oit  Proposed 

years    InH  .''"'  Proposed  tolls)    such  J    .        ^""'^"^   "«'"» 

/ears,  and  we  do  further  o^  t     ,  "  ^'^^"t  to  run  for 

To  .he  Gold  "commissioner, 
(rasf  notioe  on   irroim^        j 

-"■ng  out  application.)    ""    '""    ™    »*'"'"S    Recorder's    Office. 

Take  notice  that  """"^^^'^K  NOTICE. 
"d  number  of  each  arm-^"'  ,°"'   ""^   "-"■=   of  each   a     r 
••;n.y  da.vs  from"  th"?  a.?":;  .^"^  Miner's  CerX  ^  S' 

N  ^uch  water         '  ""'"^'^   fo"-  i"-.. tI       """"'"  "' 

Dated.  "  "<I>"«d  is ^^'  Purpose  for 


!■  • 


" 


1"'^ ....        ^'^*^  '-"^^"^^   to  an  individ- 

^°  ' $    500 


I   I' 


S    :: 


i 


k 


\\\ 


466  BRITISH  COLUMBIA. 

For    every    Free    Miner's    Certificate     issued     to    a     joint 

Stock  Company $    500 

(a.)    Having   a   nominal    capital    of   $100,000   or   less 5000 

(b.)    Having  a  nominal  capital  exceeding  $100,000 100  00 

Every  substituted   certificate 100 

Recording  any  claim  for  each  year 2  50 

Re-recording  any  claim  for  each  year 250 

Recording  any  "lay  over,"  or  every  other  record  required 

to  be  made  in  the  "Record  Book" 250 

Recording    every    abandonment,     including     the     memo- 
randum  to   be  written  on  the  record 250 

For  any  other  record  made  in  the  "Record  of  Abandon- 
ments"          2  50 

For  recording   every  affidavit,   where  the  same   does   not 

exceed  three  folios  of  100  words 2  $0 

For  every  folio  over  3,  30  cents  per  folio. 

The  above  rate  shall  be  charged  for  all  records  made  in 

the  "Record  of  Affidavits." 
For  all   records  made  in  the   "Record  of   Conveyances," 

where  the  same  do  not  exceed  three  folios 250 

For  every  folio  over  three,  a  further  charge  of  30  cents 

per  folio. 
For  all  copies  or  extracts  froj  i  any  record  in  any  of  the 
above  named  books,  where  such  copy  or  extract  shall 

not   exceed   three   folios,    per   copy 250 

Where   such  copies  or    extracts  exceed    three    folios,   30 
cents  per  folio  for  every  folio  over  three. 

For  filing  any  document 100 

For  every  lease 5°° 


APPENDIX   A. 

SHORT    TITLE.    Sec.    i.    This    act    may    be    cited    as   the 
"Mineral  Claim  Confirmation  Act,   1893." 

NOT  TO  AFFECT  THE  TITLE  TO  CERTAIN  CLAIMS 
Sec.  2.  The  title  to  any  claim  bona  fide  located  in  accordance 
with  the  provisions  of  the  "Mineral  Act,  xogi,"  after  the  pas- 
sage of  the  "Mineral  Act  (1891)  Amendment  Act,  1892,"  but 
before  the  receipt  by  the  Mining  Recorder  of  the  district  m 
which  such  claim  is  recorded  of  intelligence  that  such  Amend- 
ment Act  had  been  passed,  and  of  the  nature  of  the  provisions  | 


in 


I'LACER  MINING. 
respecting    the    size       u  ^ 

claims  thereby  substiH,.  5%  ^""^    '"^t'^od    of     staking 

in..   Shan   be  V  nt^  raVcTed^^^   ^^^^-^^''^^   ^^^^ 
of  the  said  "Mini.r.i    a  """'m  or  prejudiced  h,  .1,  '" 

-.ch  claim  Shan  be  Lm"-  ^""'^   ^^'ntoen.  Ac,     l''f.""« 

cated  before  .he  paiat:  „£?.:"  -."'f""  -^  PurtoJes  t'   f 'l'" 
"en.  Act.  .89..""      "*'  "'  •"'  -d  "*«in«ral.Ac,'(;4Vl^', '"• 

DECLARATION    TO    dp    <.^ 

?f ,  :::d-chTcilf  r = "^^^x 


"Racer  Mi^ '^ /c  X":!'"    "^    ««-""44    J,d  .^^rr 
"  of  any  i„.efesf  .Ut'   .t",;  "°  '""sfer  of  1,"^,  «  °jj^« 

."erxrrr,  *'^'«"--Te~ri.r^  •"'-■»" 

r ti"  eT>«-  -  Cor ur  td^  p-.:'-^  rt": 

any   real    estate   acquired    under    th!  *^^'  ^'^^  transfer  of 

"TraU^rrLs^"-  "-••  =^'"  "<"wH.i::  "^^  •■r<' 

And    whereas   simii 
thereof  shall  K-o  •  ""'css   the   same   or    Qnm^  "'crem, 

''byde1dZ'""V^"''*'^'^h="berw;r    k    ""    ■°°''' 
"S  to  .1,  .*""'''  "-ansfers  mav  be  m",H     •     *'  '""  ""^  "ot 

And  w,  er'err.""'"'"  "'^''i-'  <>  under.Ws'""*i  ''^"^<'- 


468 


BRITISH  COLUMBIA. 


ance  with  traditional  customs  among  miners,  numerous  in- 
formal documents  were  drawn,  delivered  and  accepted  as  abso- 
lute transfers  of  the  entire  estate  of  the  grantors,  whereas  the 
legal  effect  of  the  same  was  only  to  pass  a  lesser  estate. 

And  whereas  it  is  now  frequently  impossible  to  ascertain 
the  existence  or  whereabouts  of  the  grantors  of  such  instrumenis 
or  their  heirs,  and  consequently,  th»  titles  to  numerous  placer 
claims  are  clouded  by  the  defects  in  such  instruments,  and  it  is 
desirable  that  such  defects  should  be  cured;  be  it  therefore  en- 
acted : 

VALIDATES  INFORMAL  BONA  FIDE  TRANSFERS. 
Sec.  4.  Every  instrument,  memorandum  of  sale,  or  other 
writing,  whether  under  seal  or  not,  executed  before  the  pass- 
ing of  this  Act,  purporting  to  transfer  any  interest  in  any  placer 
claim  or  claims  held  under  the  authority  of  the  mining  laws 
of  the  Province  in  force  at  the  time  of  such  transfer,  from 
which,  by  reason  of  its  customary  use,  or  from  other  satisfac- 
tory reasons,  it  is  plainly  deducible  that  the  intention  of  the 
maker  thereof  was  to  pass  to  the  transferee  the  maker's  en- 
tire interest  in  such  claim  or  claims,  shall,  unless  some  reserva- 
tion or  exception  or  contrary  intention  appears,  otherwise  than 
by  the  omission  of  proper  operative  words,  or  of  words  of  in- 
heritance, or  by  the  presence  of  some  other  informality,  or  of 
one  or  more  such,  pass,  and  be  deemed  to  have  passed,  to 
the  transferee  an  estate  of  fee  simple  in  the  premises,  or  other 
the  full  estate  held  or  possessed  by  the  maker. 

COPY  OF  RECORD  MAY  BE  USED  FOR  REGISTRA 
TION  PURPOSES.  Sec.  5.  Where,  by  reason  of  the  loss  of 
the  documents  of  title  to  any  such  claim,  it  is  impossible  to 
produce  the  same  for  purposes  of  registration,  it  shall  be  suffi- 
cient to  entitle  an  applicant  to  have  his  title  registered  under 
the  Land  Registry  Acts,  to  produce  to  the  Registrar  of  Titles 
a  copy  of  the  record  of  such  transfer  or  transfers,  certified  un 
der  the  hand  of  the  Mining  Recorder  in  whose  office  are  the 
books  of  record  in  which  any  such  transfer  is  recorded. 


SCHEDULE. 

In  the  Matter  of  the  "Mineral  Claims  Confirmation  Act,  1893 " 
I ,   of  the of ,  in   the   Electoral   Distric 


PLACER 

^^T^y  Mai 

;cution  Act' 
"lerefor. 

r/'  any  inte 

^^^ore  the   j 

y^ny  as 
!^^^^fo,  and 


ISi 


PLACER  MINING. 


received   no   inf«n-  ^ay   of..        a      r> 

and   that   the   =.,       •    ""  Passed  by  the  T  ..■      ^*''   ^mend- 

'"a-  and  tthlnr^r/^.r''?^   '"^'^'    ^     «  "^  fhr"""^' 
(2)    7'hflt    k^*  staking  mineral  clai«,o  "^     size, 

visions   ol   the   "^f  ,  ^"'  °^'^«'  '"«  accordan;: "     ^  ^•'  '^^a- 

appendix   h    eto    Clu    ^'''   ^«^^'"   the   r/e^^f  .^'^^  ^^.^^  P-- 
P^nd'x  set  opposite^       ""''''''   ^^'°«e   names  1'""'    "   '^^ 

,,Beo,a„d  Mo.  :;.e  at  the.. •.•;:.■„, : ■  •  (stltt^r""' 

"■"""•• A.  D.  ,S93 '"  *^ of 

""  °"'''  I^«ce  (or  as  th, 

Ivame  of  Qaim.  r 

i-ocator's   Name. 

APPENDIX  B. 

ii-f tract  from    "v 

^"'      Execution  Act  At««  j 

rwA.  ^"^^"dment  Act,    :89s." 

PLACER     CLATAr.    ^^"^^^^R    ,,. 

£KTVMAYBE^SPT7p'\f''     ^^^^R     MINERAt      . 
ecution  Act"  it  u  ^^'^^^^^  AND   SOLD     V  ^L     PRop. 

therefor.       '     ^^  ^^^^^3^  '"epealed,  and  the"fonr  •'  "'  ^'^   "^- 

,     4.  NotwithstanH-  '"^  substituted 

'f  -y  int«r;^rf  -  *^  ^'^  — r,  contained  • 
^f^ore  the  i^,,^     7  ^  ^""^^  miner  has  it,       '"""^^'ned  m  thi.s 

h^^y  IdeLl"  "^^'^"'^  ^^-nt  therefo"  '"^. '"'"-^a'  claim 


-  1 


IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


1.0 


I.I 


■so    ""^^       il^^ 

2.2 


^    1^ 


I 


2.0 


11-25  III  1.4 


I 


1.6 


Photographic 

Sciences 

Corporation 


23  WIST  MAIN  f  T(Si* 

WIBSTn.N.Y.  MSfti^ 

(716)  •72-4503 


0 


% 


470 


BRITISH  COLUMBIA. 


( 


'  '  ! 


! 


of  an  execution  issued  against  goods  and  chattels:  Provided, 
however,  that  this  section  shall  not  affect  any  suit  now  pend- 
ing in  the  Supreme  Court  or  any  Court  in  this  Province." 

"A.  D.  1897.  Notwithstanding  anything  to  the  contrary  in 
section  4  of  the  'Mineral  Act,  1896/  or  section  4  of  the  'Placer 
Mining  Act,  1891,'  or  elsewhere  in  the  said  Acts  or  other  the 
mining  laws  of  the  Province,  no  free  miner's  certificate  shall 
be  issued  to  a  joint  stock  company  for  a  longer  period  than 
one  year;  and  such  certificate  shall  date  from  the  30th  day  of 
June  in  each  year;  and  everj'  free  miner's  certificate  held  by 
a  joint  stock  company  at  the  passing  of  this  Act  shall  be  valid 
and  existing  until  and  shall  expire  on  the  30th  day  of  June, 
1897.  Upon  applying  to  renew  any  such  certificate  on  ot*  before 
said  30th  day  of  June,  the  joint  stock  company  shall  be  en- 
titled to  a  rebate  of  a  proportionate  amount  of  the  fee  paid  for 
a  certificate  heretofore  issued  according  to  the  further  time 
for   which   it   would  but  for  this   section   have   been   valid." 

6th  of  May,   1897. 


AN    ACT  TO    FURTHER  AMEND   THE   "PLACER   MIN- 
ING ACT,  1891." 

Her  Majt&ty,  by  and  with  the  advice  and  consent  of  the 
Legislative  Assembly  of  the  Province  of  British  Columbia, 
enacts  as  follows: — 

1.  This  Act  may  be  cited  as  the  "Placer  Mining  Act  (1891) 
Amendment  Act,  1897." 

2.  "Joint  Stock  Company"  shall  mean  any  company  for 
mining  purposes. 

(a.)  Incorporated  under  the  "Companies  Act,  1897,"  or  any 
Act  repealed  thereby;  or 

(b.)  Registered  as  a  foreign  company  under  any  Act  re- 
pealed by  the  "Companies  Act,  1897,"  or 

(c.)  Licensed  or  registered  as  an  extra-Provincial  company 
under  the  "Companies  Act,  1897,"  or 

(d.)    Incorporated   by  any  special   Act. 

3.  The  section  substituted  by  section  14  of  the  "Placer  Min- 
ing Act  Amendment  Act,  1896,"  for  section  124  of  the  "Placer 
Mining  Act,  1891,"  is  hereby  repealed,  and  che  foUoving  insert- 
ed in  lieu  of  said  section  124: — 

"134.    When  any  placer  mining  ground  is  held  under  lease, 


PLACER  MINING. 


471 


Min- 

i'laccr 

iscrt- 

llease, 


and  such  mining  ground  shall  have  been  efficiently  worked, 
as  required  by  the  conditions  of  the  leaoe,  to  the  satisfaction  of 
the  Gold  Commissioner,  and  if  at  the  expiration  of  the  lease  a 
portion  of  said  mining  ground  remains  still  to  be  worked,  the 
lessee  may  obtain  an  extension  of  the  lease,  upon  the  same 
conditions  as  the  original  lease,  for  such  reasonable  time  as 
will  enable  him  to  work  out  such  portion  of  said  mining 
ground  as  still  remai|is  unworked,  and  the  Gold  Commissioner 
may,  with  the  sanction  of  the  Lieutenant-Governor  in  Council, 
grant  such  extension  by  memorandum  endorsed  on  the  lease: 
Provided,  that  whenever  the  mining  ground  so  held  under  lease 
has  been  forfeited,  abandoned,  or  worked  out,  and  when  the 
ditch  or  flume  constructed  for  conveying  water  has  a  carrying 
capacity  of  not  less  than  five  hundred  inches  of  water,  and  shall 
have  cost  not  less  than  nve  thousand  dollars,  such  ditch  or 
flume  shall  remain  th<;  property  of  the  owner  thereof." 

4.  Sub-section  (m)  of  section  151  of  the  "Placer  Mining 
Act,  1891,"  is  hereby  repealed,  and  the  following  inserted  in 
lieu  thereof: — 

"(m.)  He  may  grant  leases  of  placer  mining  ground,  and 
he  may  grant  renewals  of  such  leases,  and  exercise  all  such 
powers  as  are  specified  in   Part  VII  of  this  Act." 

5.  Any  free  miner,  or  two  or  more  free  miners,  holding 
adjoining  leases  as  creek  claims  may  consolidate  as  many  as 
ten  leases,  by  filing  with  the  Mining  Recorder  a  declaratory 
statement  containing  the  name  of  the  company  or  partnership 
which  is  to  hold  the  consolidated  lease,  the  location  and  size 
of  each  lease;  and  such  statement  shall  be  signed  by  the  holder 
or  holders  of  the  leases  to  be  consolidated.  After  filing 
such  declaratory  statement  such  free  miner,  or  free  miners, 
shall  be  allowed  in  each  and  every  year  to  perform,  on  any 
one  or  more  of  such  leases,  all  the  work  that  is  necessary  to 
be  performed  to  hold  all  such  leases. 

6.  The  following  sections  and  parts  of  sections  are  hereby 
repealed  :— 

(a.)    Section  134  of  the  "Placer  Mining  Act,   1891." 
(b.)    Sections  15  and  16  of  the  "Placer  Mining  Act  Amend- 
ment Act,  1896." 

(c.)  Sub-section  (e)  of  section  103,  sub-section  (k)  of  sec- 
tion 151,  and  sub-section  (9)  of  section  156,  of  the  "Placer  Min- 
'J»g  Act,   1891." 


i  *' 


47a 


BRITISH  COLUMBIA. 


1 


7.  The  schedule  of  fees  in  the  "Placer  Mining  Act,  1891," 
18  hereby  amended  by  striking  out  "For  every  free  miner's 
certificate  (for  each  year)  $500,"  and  insert  the  following:— 
For  every  free  miner's  certificate  issued  to  an  individual.$  5  00 
For  every  free  miner's  certificate  issued  to  a  joint  stock 
company, — 

(a.)    Having  a  nominal   capital  of  $100,00000  or  less..    5000 
(b.)    Having   a   nominal   capital    exceeding   $100,000  00. .  100  00 

WATER  RIGHTS  AND  PRIVILEGES.  The  Legislative 
Assembly  of  the  Province  of  British  Columbia  have  recently  re- 
vised and  consolidated  the  water  laws  of  the  P/uviiict*.  Sec  page  480. 
It  is  known  as  the  WATER  CLAUSES  CONSOLIDATION  ACT  OF 
MAY8TH,  1897. 


COAL  MINING  LAWS  OF  BRITISH  COLUMBIA. 
(As  amended  in  1890,  1891,  1892,  and  1895.) 

SHORT  TITLE.— CHAPTER   83. 

Sec.    I.    This  Act  may  be  cited  as  the  "Coal   Mines   Act." 
1883,  c.  3,  s.  22. 

PROSPECTING  LICENSE. 

Sec.  2.  Any  person  desirous  of  prospecting  for  coal  or  pe- 
troleum and  acquiring  a  lease  of  any  lands  held  by  the  Crown 
for  the  benefit  of  the  Province,  under  which  coal  measures  or 
petroleum  are  believed  to  exist,  or  wishing  to  procure  a  license 
for  the  purpose  of  prospecting  for  coal  or  petroleum  upon  lands 
under  lease  from  the  Crown,  in  which  the  mines  and  minerals, 
and  power  to  work,  carry  away,  and  dispose  of  the  same,  is 
excepted  or  reserved,  shall,  before  entering  into  possession  of 
the  particular  part  of  said  coal  lands  he  or  they  may  wish  to 
acquire  and  work  for  coal,  place  at  one  angle  or  corner  uf  the 
land  to  be  applied  for  a  stake  or  post,  at  least  four  inches 
square,  and  standing  not  less  than  four  feet  above  the  surface 
of  the  ground;  and  upon  such  initial  post  he  shall  inscribe  his 
name,  and  the  angle  represented  thereby,  thus:  "A.  B.'s  N.  E. 
corner"  (meaning  Northeast  corner),  or  as  the  case  may/  be,  I 
and  shall  cause  a  written  or  printed  notice  of  his  intention  to 
apply   for   such   a   license   to   be   posted   on    some   conspicuous] 


oart 

Offic 

iJsh  j 

thirty 

paper 

Sec 

within 
British 

to  the 

district 

»ng  Jice 

Such  aj 

by  plan 

thereof, 

0'  the  p 

appJicati< 

each    an« 

t'len   forv 

"^'^^h  the 

^-ands  an 

substantial 
aforesaid. 
Sec.  4. 

provisions 
"cense  sha 
'and    not 
^<^nsee,  an 
•^rty  acres 
*"  ^'nes  Shi 
"«*•    1892, 

•-ouncil    to 
«cense,    for 

'^"ds  held  UT 
,'"«'  rental  o 

^°"»bs   there, 
r.continuou 

r^;  *"^  * 

r  '^'^n  be  er 


COAL. 

oart  of  tht>  i»   J 

Office  of  tL  J*-     *'''''^'^^   ^or   by   him         .  ^^^ 

*""^y  days  in  ^L  p    l^^^''^"    *<>  apply  fo,^'  ^^«"  aI«o  pub 

"^license  „v„  X'  'itj'""  "-■""■"d  »    i.u«.  !^"'''   '<"  «>' 

f'   he  p,o,  of  land  over  thf'  ""'"cable  X^L''''    Po"""" 
»Ppl.cation  shall   be  H  "''  ""  Privilege  Zl    "  J'^'^Ptioa 

™<:l>    and  everv  ■•     ^"''■"Panied  by  a  7.      !  '°"«''<;  and  the 

"•"  'orwart^ne  "::■"«  .  ^'"  >^«Un      cl"'^  "»""'    o' 
r'"-  «>•  fees  and  Tr  °'  "■'  "PPlication  and"'?""""    '"all 

provisions  of  thL  ^1^^^  °^  '^"«^  sought  tn  k 

"■"    "»•    exceeding      '^1  ""  S'-eral  lT„ftJ  f "'«:  »»d  each, 
'«"«e,  and  such  if„j    .    hundred    and     „^       '"""'  defined 
Tl  ««»  'half  Jel     '".  "^  '"  »«  Wocr^'si'"?'    '"'  "«h. 
'"  '■"•»  .hall  be  ™r,  "  '""">"  "•''">  by  eiir      J""™''  ""X 
"!'■    -^^  c.  3.,  s™:  *~'  —h  and  south',  and  Ue"""''  -" 

|C««t:,^o'*"'-'^"-'ul,or,h      r  ""  '"' 

'"*  'ease,  or  ,t  V'""  ""  ""'■  CdYf  /'."'"^  at  .^  Z 
r>»  ther^fe,"-'  "|»>atio„  oj  such  ter.^"'"'  "«  '•""of 

^'.«ontinuou.lv  'and  „  «"•  «"   'ho*  cZr"*^  """""  'h-'ee 
I  «s  at  the  rate  of 


t         i 


474 


BRITISH  COLUMBIA. 


live  dollars   per  acre,   payable   in   full   in   one   payment   at  the 
-time  of  sale."    ai  Feb.,  1895. 

(a.)  Provided  that  a  lease  shall  not  be  issued  until  after 
'the  land  has  been  surveyed  in  a  legal  manner,  and  to  the  satis- 
faction of  the  Chief  Commissioner  of  Lands  and  Works,  by  the 
applicant. 

(b.)  Provided,  also,  that  in  addition  to  the  annual  rental  of 
ten  cents  per  acre  the  lessee  shall  pay  to  and  for  the  use  of 
Her  Majesty  a  royalty  of  five  cents  per  ton  upon  every  ton  of 
merchantable  coal  and  one  cent  per  barrel  on  all  petroleum 
raised  or  gotten  from  the  leased  premises. 

(c.)  Provided,  further,  that  the  lease  shall  contain  pro- 
visions binding  the  lessee  to  carry  on  coal  mining,  and  works 
incidental  thereto,  continuously,  and  to  make  reasonable  use, 
within  reasonable  periods,  of  the  premises  thereby  granted,  and 
-to  apply  the  same  to  the  purposes  intended,  to  the  satisfaction 
of  the  Chief  Commissioner  of  Lands  and  Works.  And  any 
•such  lease  may  be  subject  to  any  general  stipulations  which 
the  Lieutenant-Governor  in  Council  may  see  fit  to  impose. 

(d.)  Provided,  also,  any  number  of  persons,  not  exceeding 
ten,  uniting  in  partnership  for  the  purpose  of  holding  and 
working  coal  or  petroleum  lands  which  adjoin  each  other,  and 
for  which  leases  have  been  granted,  shall  be  entitled  to  work 
■such  land  as  a  firm,  and  in  such  case  it  shall  not  be  necessary 
for  each  leasehold  to  be  worked  separately,  provided  work  is 
•carried  on  upon  any  one  of  them  to  the  satisfaction  of  the  Chief 
Commissioner  of  Lands  and  Works.    1893,  c.  31,  s.  5. 

Sees.  6,  7,  S.    (Repealed  by  1892,  c.  31,  s.  i.^ 

Sec.  9.  Every  license  shall  absolutely  cease  at  the  expiration 
thereof,  and  a  new  license  over  the  same  land  or  any  part 
thereof  may  be  granted  to  any  new  applicant  upon  complying 
with  the  requirements  of  this  Act.    1883,  c.  3,  s.  9. 

Sec.  10.  Every  applicant,  upon  proving  to  the  satisfaction  of 
such  Chief  Commissioner  of  Lands  and  Works  or  Assistant 
Commissioner  that  he  has  bona  fide  exploie<i  for  coal  during, 
-the  said  term  of  one  year,  shall  be  entitled  to  an  extension  of 
"the  said  term  for  the  second  period  of  one  year,  upon  payment  | 
of  a  further  sum  of  fifty  dollars  for  each  and  every  licensee. 
1883,  c.  3,  8.  7. 

An  extension  of  the  term  for  a  third  period  of  one  year  fflayj 
be  granted  on  like  conditions  and  terms  as  the  first  extension.] 
«i  Feb.,  1895. 


"(a. 

ceedini 

ing  (01 

and  wh 

ers,  sh{ 

each  ca 

prospect 

the  land 

of   the 

Sec.  ; 
use  the  t 
for  the  f 

buildings 
it  s.  10. 

Sec.  iz 

prospectin 
shall  be  d( 
petition,  ix 
"'liat  shall 
'%  c.  3, 

Sec.   13. 
^c  transfer 
written  noti 
«hall  have 
Sec.  13a. 
Sec.    13b. 
'^y  Crown 
»hich  a  tim 
»<curity  be 
"^  Lands  an 
«nsue  to  the 
■"  be  carrier 
^  ^.  s.  3. 

phall  be  la, 
r'<i   lands, 
Lf^'ons.    cor 

r  Lieutenan 


eeding 
and 
r,  and 
work 
essary 
ork  is 
Chirf 


)iratiofl 
ly  part 
iplying 

ktion  0^ 
ssistant 

durifl? 
Ision  ot ! 
LyTDcnt  I 

licensee- 

Jar  may] 
tension- 


COAL. 


475 


"(a.)  Provided,  also,  any  number  of  license  holders,  not  ex- 
ceeding  ten,  uniting  in  partnership  for  the  purpose  of  prospect- 
ing  for  coal  or  petroleum  on  lands  which  adjoin  each  other, 
and  which  are  covered  by  the  licenses  held  by  such  license  hold- 
ers, shall  be  entitled  to  prospect  such  land  as  a  firm;  and  in 
each  case  it  shall  not  be  necessary  for  each  license  holder  to 
prospect  separately,  provided  prospecting  is  carried  on  upon 
the  land  covered  by  one  of  the  said  licenses,  to  the  satisfaction 
of  the  Chief  Commissioner  of  Lands  and  Works."  21  Feb., 
lP9S- 

Sec.  II.  Every  person  holding  a  prospecting  license  may 
use  the  timber  and  stone  on  the  land  included  in  such  license 
(or  the  purpose  of  his  mining  operations,  and  for  erection  of 
buildings  on  said  land,  but  not  further  or  otherwise.  1883,  c. 
i,  s.  10. 

Sec.  12.  In  case  of  any  dispute  as  to  the  right  or  title  to  a 
prospecting  license  or  to  any  claim  under  this  Act,  the  same 
shall  be  decided  by  the  County  Court  or  a  Judge  thereof,  upon 
petition,  in  a  summary  way,  who  shall  have  full  power  to  order 
what  shall  be  done  in  the  premises,  and  as  to  the  costs  thereof. 
1883,  c.  3,  s.  II. 

Sec.  13.  No  prospecting  license  issued  under  this  Act  shall 
be  transferred  by  the  licensee  to  any  other  person  without  a 
written  notice  to  the  Chief  Commissioner  of  Lands  and  Works 
shall  have  been  first  given.     1883,  c.  3,  s.  12. 

Sec.  13a.     (Repealed  by  1892,  c.  31,  s.  i.) 

Sec.  13b.  No  coal  prospecting  license  shall  be  issued  over 
any  Crown  lands  which  have  been  leased,  or  in  respect  of 
which  a  timber  license  has  been  issued,  unless  and  until  due 
lecurity  be  given,  to  the  satisfaction  of  the  Chief  Commissioner 
of  Lands  and  Works,  for  payment  of  any  damage  which  may 
tnsue  to  the  leaseholder  or  licensee  in  respect  of  the  operations 
^0  be  carried  on  under  such  coal  prospecting  license.  1890, 
1  «•  32.  s.  3. 

1    Sec.    13c.    Notwithstanding   anything    in    any   Act    contained, 

it  shall  be  lawful  to  grant  licenses  to  prospect  for  coal  over  re- 

trved   lands,    but   such    licenses    shall    be    subject   to    such    re- 

iKrictions,   conditions,    and   regulations   as    may    be   imposed    by 

|4e  Lieutenant-Governor  in   Council.    1891,  c.    15,  s.    16. 


Hi 


','>.•.% 


i 


ap 


■i  1 


4;6 


BRITISH  COLUMBIA. 


RIGHTS  OF  WAY. 

Sec.  14.  It  shall  be  lawful  for  any  proprietor  or  proprietors 
of  a  mine  to  acquire  such  a  portion  of  any  Crown  lands,  or 
lands  held  under  pre-emption  or  Crown  grants,  lease  or 
license,  by  any  person  or  persons,  as  may  be  necessary  for  af* 
fording  to  the  proprietors  of  any  mine  communication  with  the 
seashore,  or  any  river,  or  public  highway,  together  with  a 
block  of  land  not  exceeding  five  acres  at  the  terminus  of  such 
line  of  communication,  at  the  sea,  river,  highway,  or  other  place 
of  shipment:  Provided,  always,  that  the  land  so  acquired  shall 
only  be  used  for  transporting,  storing,  and  shipping  coal,  and 
for  receiving  and  transporting  such  materials,  commodities, 
and  persons  as  may  be  essential  to  the  successful  transaction  of 
the  business  of  such  mine.  1873,  No.  3,  s.  6;  1881,  c.  15,  s.  6; 
1890,  c.  32,  s.  4. 

Sec.  15.  The  conveyance  of  any  land  acquired  under  the 
provisions  of  the  foregoing  section  shall  not  confer  upon  the 
grantee  or  grantees  therein  named  the  right  to  the  ownership 
oi  any  minerals  thereunder,  except  by  consent  of  the  grantor 
named  in  such  conveyance.    1S73,  No.  3,  s.  7. 

Sec.  16.  Prior  to  the  acquisition  of  such  land,  compensation 
shall  be  given  to  the  person  whose  land  shall  be  taken,  and  if 
the  amount  of  such  compensation  and  the  quantity  of  land  to 
be  taken  shall  not  be  agreed  upon  between  the  person  whose 
land  is  to  be  taken  and  the  proprietors  of  the  mine,  the  amount 
thereof  shall  be  ascertained  by  arbitration  in  the  following  man- 
ner.   1873,  No.  3,  s.  8. 

Sec.    17.    In  the  event  of  the  parties  not  concurring   in  the 
appointment  of  a  single  arbitrator,  each  of  such  parties,  on  the 
request  of  the  other  party,  shall  nominate  and  appoint  an  arbi- 
trator, to  whom   such  dispute  shall   be  referred,  and  every  ap- 
pointment of  an  arbitrator  shall  be  made,  on  the  part  of  each 
party  under  his  hand,   or  if  a  corporation  aggregate  under  the 
common  seal  of  such  corporation;  and   such  appointment  shall 
be  delivered  to  the  arbitrator,  and  shall  be  deemed  a  submis-j 
sion  to  arbitration  on  the  part  of  the  party  by  whom  the  same 
shall  be  made;  and  after  any  such  appointment  shall  have  beenj 
made,  neither  party  shall  have  power  to  revoke  the  same  with- 
out the  consent  of  the  other,   nor  shall  the  death  or  removal! 
from  office  of  either  party  operate  as  a  revocation;  and  if  aftcrj 
any  such    dispute    shall    have    arisen  a  request  in  writing,  if 


^'hich    shall    k 

»rbi,raeio„  '  .,„"°""'  "■«  n.ati„  ,„  „     .  "" 

f"  fourteen  day,  .ft  *      ™°'"'  '"oh  last  m. ,,!   ^  °"  ""  »'her 

•nd  having  himsel?  f     "."''  '""•■™  the   nLj!   "    "  "PP"'"'  »uch 
"l-rtrator  To  iS""  f''"""'''!  an  arbftra.T''   """""^  "que., 
™>-  proceed  "  h  "  '^''^"  <>'  hoth  panTe,  '  T''  "PPoini  sa'h 

'"  wnting  from  the  nVi.     **  'P"«  »'  seven  ^     '^'"°"  '»  «« 
■lo  so,  the  remain!       ^^  P«rty  for  th^  °>"  «"'■•  notice 

;."^  -ery  arbuX/soW"  "•'''"fo'" arr"'.*'  '''"°  '» 
"«•  same  power,  !L  ■**  ""bstituted  "  '^  P'<>«"<l  ex  parte- 

"Wtrator  ItZZt  r*""-"-"  "  wt  v.tr'"  '"""'-• 
"■«Pablc  to  act    th"      uT'"  »>•»"  dt    „  "'7  °"  *'"'=''  'hey 

this  Act,   in 


mi  I 


II' 


Ill 


478 


BRITISH  COLUMBIA. 


the  same  manner  as  if  such  arbitrator  had  not  been  appointed. 
1873,  No.  3,  s.  13. 

Sec.  aa.  If,  where  more  than  one  arbitrator  has  been  ap- 
pointed,  either  of  the  arbitrators  refuse  or  for  seven  days  neg- 
lect to  act,  the  other  arbitrator  may  proceed  ex  parte;  and  the 
decision  of  such  other  arbitrator  shall  be  as  effectual  as  if  he 
had  been  the  single  arbitrator  appointed  by  both  parties.  1873, 
No.  3,  s.  14. 

Sec.  23.  if,  where  more  than  one  arbitrator  shall  have  beea 
appointed,  and  where  neither  of  them  shall  neglect  or  refuse  to 
act  as  aforesaid,  such  arbitrators  shall  fail  to  make  their  award 
within  twenty-one  days  after  the  day  on  which  the  last  of  such 
arbitrators  shall  have  been  appointed,  or  within  such  extended 
time  (if  any)  as  shall  have  been  appointed  for  that  purpose  by 
both  such  arbitrators  under  their  hands,  the  matters  referred 
to  them  shall  be  determined  by  the  umpire  to  be  appointed  as 
aforesaid.    1873,  No.  3,  s.  15. 

Sec.  Z4.  The  costs  of  the  arbitration  and  award  shall  be  ia 
the  discretion  of  the  said  arbitrators  or  umpire,  who  may  award 
by  whom,  to  whom,  and  in  what  manner  the  same  may  be  paid. 
187;!,  No.  3,  s.  16. 

Sec.  25.  The  submission  to  any  such  arbitration  may  be 
made  a  rule  of  the  Supreme  Court,  on  the  application  of  either 
of  the  parties.    1873,  No.  3,  s.  17. 

Sec.  26.  No  award  shall  be  set  aside  for  irregularity  or  error 
in  matter  of  form.    1873,  No.  3,  s.  18. 

Sec.  47.  The  arbitrators  or  umpire  may,  by  summons  or  or* 
der  in  writing,  signed  by  any  one  of  them,  to  be  served  uponj 
or  left  at  the  last  usual  place  of  residence  of  the  person  toj 
whom  it  is  addressed,  command  the  attendance,  from  any  parti 
of  the  Province,  of  any  witness,  or  the  production  of  any  docthj 
ments  required  by  any  of  the  parties,  and  may  swear  the  saldj 
witness  to  testify  truly  respecting  the  matters  on  which  he  it 
to  be  interrogated;  and  the  disobedience  of  such  summons  0^ 
order  shall  subject  the  person  disobeying  to  a  penalty  of  no 
less  than  five  dollars,  nor  more  than  twenty-five  dollars,  to 
recovered  before  any  Justice  of  the  Peace,  and  levied  unde 
the  warrant  of  such  Justice,  by  distress  and  sale  of  the  goo 
and  chattels  of  the  offender,  unless  such  person  establishe 
reasonable  cause  for  such  disobedience.    1873,  No.  3,  s.  ip* 


NORl 


PART  IX. 


NATION  ACT 


AND 


NORTHWEST  TERRitorv  CONSOLr 
^ATED  IRRIGATION  act  ' 


f      I 


f.i 


PART  9. 

BRITISH   COLUMBIA   WATER   CLAUSES   CONSOLIDA- 
TION ACT  OF  8  MAY,   1897. 

CHAPTER  45. 

An  Act  to  confirm  to  the  Crown  all  unrecorded  and  unappro- 
priated Water  and  Water-power  in  the  Province,  and  to  con- 
solidate and  amend  the  law  relating  to  the  acquiring  of  Water- 
rights  and  Privileges  for  ordinary  domestic,  mining  and  agricul- 
tural purposes,  and  for  making  adequate  provision  for  municipal 
water  supply,  and  for  the  application  of  water-power  to  indus- 
trial and  mechanical  purposes. 

Whereas  by  the  "Water  Privileges  Act,  1892,"  all  water  and 
water-power  in  the  Province,  not  under  the  exclusive  jurisdic- 
tion of  the  Parliament  of  Canada,  remaining  unrecorded  and 
unappropriated  on  the  23rd  day  of  April,  1892,  were  declared  to 
be  vested  in  the  Crown  in  right  of  the  Province,  and  it  was  by 
the  said  Act  enacted  that  no  right  to  the  permanent  diversion 
or  exclusive  use  of  any  water  or  water-power  so  vested  in  the 
Crown  should  after  the  said  date  be  acquired  or  conferred  save 
under  privilege  or  power  in  that  behalf  granted  or  conferred  by 
Act  of  the  Legislative  Assembly  theretofore  passed,  or  there- 
after to  be  passed: 

And  whereas  the  "Land  Act,"  the  "Placer  Mining  Act,  1891, " 
and  the  "Mineral  Act,  1896,"  contain  provisions  authorizing 
the  diversion  and  use  of  water  from  natural  water-courses  and 
the  acquisition  of  rights  to  the  use  of  water  upon  the  conditions 
as  to  such  acquisition  and  diversion  in  the  said  Acts  contained: 

And  whereas  is  is  necessary  and  expedient  at  the  present  Ses- 
sion, to  provide  for  the  due  conservation  of  all  water  and  water- 
power  so  vested  in  the  Crown  as  aforesaid,  and  to  provide  means 
whereby  such  water  and  water-power  may  be  made  available  to 
the  fullest  possible  extent  in  aid  of  the  industrial  development, 
and  of  the  agricultural  and  mineral  resources  of  the  Province: 

And  wherea.s  for  the  furtherance  of  the  purposes  aforesaid,  it 

(480) 


•s  exp( 

erning 

vide  at 

such  pi 

spect  tJ 

Ther 

of  the  ] 

b'a,  ena 


Sec.  I, 
solidation 


Sec.  a. 
('f   not   it 
following  1 
assigned   t 
"Chief  < 
'nclude  the 
person  for 
"Commii 
Lands  and 
such  for  tl] 
Magistrate 
«very   perso 
Council  to  a 
^Vorks,  as  A 
^''Strict  in  H 
""an  that  in 
Partment    is 
,  *'"ch  no  sue 
aforesaid  has 
"Crown  lai 
I  '"e  Crown  wi 
, ,,  "Gold  Com 
'he  time  being 
JPO'ntment   of 
•^^■neral  Act,' 


WATER  CLAUSES  ACT    * 

»P«t  thereof:  ""  '"J"'""  payable  to  .fc     ?""""««  of 

Therefore,  Her  M.-  '^"'""'  'n  re- 

•  '•>'«' '^ZotT-^'y "' '-« ^^lii'lZ  cTr 

-'■-"on  Act,    .t;.""""  -  "•'«"  "  "..  "Water  c„„„    Con. 


of 


J^^TERPRETATION. 


Sec-^.    In  the  ^-""'^''-^ATION. 

--VTer  £?  t  'ct  f«t  t "--  »'  .-  .ct 
«««ned  ,o  ,v.„'™"  "-^^  'h.  respective  mean  "   T""^    ">« 
■Chief  Co„„i„,<,„„  „,  ,,  ,  '""""''  *■""-"" 

"iclude  the  Chief  Com    .    .'-""'s  and  Work."  .t  ., 
P«on  for  the  tL?beT'"r"  "'  l^"ds  anS  «  o  ■,  "'""  ""^ 
,  "Comn,i„i„„i^%^,'^7  'awfully  «"»«  '»  .h«  tV  • "  ""■ 
I^nds  and  Wort.     .         """"    "i"    Chief    r        ""P^''^- 
»<^h  for  the  «'^'   °'.  "■'»    Province,   or    h,  •^"""""''i"""    of 
Magistrate  for  t^«  ^""«-  "d  'hall  inCudV /"""  »«'"«  " 
""y   person   d,,^      ""   ''«'"«  in   char«  „f      ""  Stipendiary 
f»«ncil  to  °",  '""'^  '"'horized    by   ,h,  T-        '"'  "'"riot,   .„d 

<l'strict  in  ,..u'  t.         ^°'n»nissioner  nf  t  »      "'""^r  of  Lands  and 

•*«>  '^aMnththte'r ,'""'  ™^  "-  'e^d  to^  '"  "' 
Wnmenl   i,    ,,",,„  !.  '  '=''"'  °«ice  of  the  L,nJ         .    '""•  <"her 

""ch  no  slh   r    *    ""'    "-y   other   di.,?'  ""''  Dorics  De. 

I  "»r«aid  ha7  V"'"""'  Con.mi„i™',  ''ZLl"  ""'"««   '"' 

,  ,  "Cro«nlL^T'T'-'"i-  '""'''  """  Works  „ 

■oZlo^'^r^-'^^^^''''''  "'  ""■'  ^™-«  Held  by 
I  tii«  .•        ^"™»nissjoner"  <>h«ti 

h^:rnt''t',H^"t"'  "■•  °««  o"  G-oVcor-""  —  '- 
h"i"eral  Ac  "  a„d  ;"""""'-<='»'«™or    in    c"?'"  °"*  ""  'P" 


f>i 


i 


482 


BRITISH    COLUMBIA. 


"Water"  or  "streams"  shall  include  all  natural  water- 
courses, whether  usually  containing  water  or  not,  and  all  rivers, 
creeks,  and  gulches;  and  all  water-power,  not  being  waters  un- 
der the  exclusive  jurisdiction  of  the  Parliament  of  Canada. 

"Unrecorded  water"  shall  mean  all  water  which  for  the  time 
being  is  not  held  under  and  used  in  accordance  with  a  record 
under  this  Act,  or  under  the  Acts  repealed  hereby,  or  under 
special  grant  by  Public  or  Private  Act,  and  shall  include  a1^ 
water  for  the  time  being  unappropriated  or  unoccupied,  or  not 
used  for  a  beneficial  purpose. 

"Ditch"  shall  include  a  flume,  pipe  or  race,  or  other  arti- 
ficial  means  for  conducting  or  diverting  water. 

"Ditch-head"  or  "point  of  diversion"  shall  mean  the  point 
in  a  natural  stream  or  lake,  or  other  source  where  water  is  first 
taken   into  a   ditch. 

"Record"  shall  mean  an  entry  in  some  official  book  kept 
for  that  purpose. 

"Mine"  shall  include  "claim"  and  "mineral  claim."  and 
shall  mean  any  land  held  or  occupied  under  the  provisions  of 
the  mining  laws  of  the  Province,  for  the  purpose  of  winning 
and  getting  therefrom  minerals  whether  precious  or  base;  and 
whether  held  in  fee  simple  or  by  virtue  of  a  record  or  lease; 
and  "owner  of  a  mine"  shall  mean  owner  of  a  mine  as  above 
defined. 

"Owner  of  land"  shall  include  pre-emptor  or  other  lawful  oc- 
cupant of  Crown  Lands. 

"Municipality"   shall   include  municipal   corporation. 

"Unincorporated  locality"  shall  mean  and  include  any  por- 
tion of  the  Province  not  exceeding  two  thousand  acres  in  area, 
and  not  being  or  comprising  a  municipality,  or  portion  thereof. 

"Specially  incorporated  company"  shall  mean  a  company  in- 
corporated pursuant  to  the  provisions  of  section  133  hereof. 

In  defining  any  word  or  expression  used  in  this  Act  relating 
to  a  municipality  or  to  municipal  matters  and  not  by  this  sec 
tion  expressly  defined,  reference  may  be  had  to  the  interpreta- 
tion section  of  the  "Municipal  Clauses  Act,   1896." 

In  defining  any  word  or  expression  used  in  this  Act  relat 
ing  to  mines  and  minerals  and  not  by  this   section  express!; 
defined,  reference  may  be  had  to  the  interpretation  section 
the  "Mineral  Act,  1896,"  and  of  the  "Placer  Mining  Act,  1891 


Sec.   4.    . 

r  ^^^rcise 

a7"°"  o'  a, 
"ny  water  fr 
'opting  ,,„  .^" 

^tOck    sun    ,     '^ 


Iter- 
lers, 
lun- 


Joint 
first 

kept 

and 


.    ^^VISIOK  ^^  ** 


Part  rTi'"'nnw/7:~  "  »»«>,  r-h,- 


W':|| 


Sec  ,    CRoU'jtf    , 

:«'«'  >n    h.^'  "V    °"'«  Po-e  „,  ''CORDED 

J^'oclf   „.      '  ''ffht  o/  «»        Passed  ^^'  or  o/  ^'^^^am     « 

r'''^'  and  .    """^   any  ^r!""'  *<>  use  ^"^^  '*«  C   '^"^  ^ct 

I  ^'''  5.    JVo     .  ''  -cce  s^V*^^'"   vested  *''^  ^^^^ 

K*  of  i^  ""^  "par/an       ^"^  river    ,  I'^^^-^ion  or  . 

r  ^on/er   "'*  °'  other'  •"   ''^'"*^'.   or  \  ^^'^^   or  sf,?  ^°   ^''e  ex 

h  -  %u""'^'  '^e7,!  '.*««  as  t^t^  ^">-  othe^^^^j'^a/,  ^e* 

'•  ^'**«W>»'-«t        ''^  ^'^^  or^'*/-<Ju/red 

"   Council  n,» 

"'"'  "«».  ..n,. 


If 


.'  r 


/  'f 


i 


1 


4lH 


BRITISH   COLUMBIA. 


to  time  impose  and  reserve  to  the  Crown,  in  right  of  the  Prov- 
ince,  such  rents,  royalties,  tolls  and  charges  in  respect  of  the 
waters,  or  of  the  lands  of  the  Crown  and  of  the  powers,  rights 
and  privileges,  which  ma^  be  acquired  in  pursuance  of  this 
Act,  as  by  the  Lieutenant-Governor  in  Council  shall  be  deemed 
to  be  just  and  proper,  and  may  likewise  make  and  pass  such 
regulations  and  rules  as  may  be  deemed  necessary  and  advisable 
for  the  collection  and  enforcement  of  such  rents,  royalties,  tolls 
and  charges,  or  any  of  them. 

(a.)  Provided,  that  where  by  Order  in  Council  such  rents, 
royalties,  tolls  and  charges  are  fixed  in  respect  of  any  power, 
right  or  privilege,  the  same  shall  be  permanent  for  the  space  of 
three  years  next  succeeding  the  passing  of  such  Order  in  Coun- 
cil fixing  the  same,  and  thereafter  shall  be  subject  to  triennial 
adjustment,  increase  or  decrease. 


II. 

THE  ACQUISITION  OF  WATER  BY  RECORD  FOR  OR- 
DINARY   DOMESTIC,    AGRICULTURAL,    AND 
MINING   PURPOSES. 

Sec.  7.  Every  right,  power,  and  privilege  conferred  by  and 
acquired  under  this  Act  shall  be  subject  to  and  conditional  up- 
on the  reasonable  use  for  the  purposes  for  which  such  right, 
power,   or  privilege  is  conferred  and  acquired. 

.  (a.).  Provided  that  a  mortgagee  or  encumbrancer  shall,  not- 
withstanding abandonment  or  non-use  on  the  part  of  the  mort- 
gagor, under  his  mortgage  or  encumbrance,  hold  all  records 
and  water  rights  appurtenant  to  the  lands  or  mine  charged  for 
such  period  as  may  be  reasonable  to  enable  him  to  realize  his 
security;  and  the  question  of  what  is  a  reasonable  time  shall,  in 
each  case,  be  a  question  of  fact  dependent  on  the  special  circum- 
stances, and  to  be  determined  by  the  Commissioner  or  Gold 
Commissioner. 

Sec.  8.  Every  owner  of  land  may  secure  the  right  to  divert 
unrecorded  water  from  any  stream  or  lake  for  agricultural,  or 
for  mechanical  or  industrial  purposes,  and  purposes  incidental 
thereto,  to  an  amount  reasonably  necessary  therefor,  upon  ob- 
taining a  record  thereof  in  manner  hereinafter  appointed. 

Sec.  9.  Thirty  days  previous  to  the  making  of  the  Record 
the  applicant   shal!   post,  at  the   following  places,   a   notice  in 


WATER  CLAUSES  ACT,  1897. 


48s 


writing  of  his  intention  to  apply  for  the  record  therein  referred 
to,  viz.:  At  the  point  of  proposed  diversion:  on  the  ground 
on  which  such  water  is  intended  to  be  used;  on  each  person's 
land  to  be  crossed  by  the  water  in  course  of  transit  to  the 
place  of  user;  and  in  the  office  of  the  Commissioner  for  the 
District. 

2.    Such  notice  shall  contain  the  following  particulars: 

(a.)    The  name  of  the  applicant. 

(b.)  The  name,  or  if  unnamed,  a  sufficient  description  of 
the  stream,  lake,  or  other  source  from  which  such  water  is  in- 
tended to  be  taken. 

(c.)  The  point  of  diversion  or  intended  ditch-head  where  the 
water  is  diverted  from  any  stream  for  the  purpose  of  develop- 
ing power,  the  applicant  shall  also  state  the  pomt  at  which  it 
is  to  be  returned  and  the  difference  in  altitude  between  the 
point  of  diversion  and  the  point  where  it  is  to  be  returned; 
where  the  water  is  to  be  used  for  mining  purposes  the  point 
where  the  water  is  to  be  returned  to  the  stream  shall  be  given. 

(d.)  The  means  by  which  it  is  intended  to  store  or  divert 
the  same. 

(e.)    The  number  of  inches  of  water  applied  for. 

(f.)  The  purpose  for  which  it  is  required,  stated  with  rea. 
sonable  particularity. 

(g.)    The   land    upon    which    the   water   is   to    be    used. 

Ch.)  The  date  of  the  posting  of  the  notice,  and  the  date  on 
which  application  will  he  made  to  the  Commissioner  for  the 
granting  of  the  record. 

Sec.  10.  Every  owner  of  a  mine  may  secure  the  right  to 
divert  unrecorded  water  from  any  stream  or  lake  for  any  min- 
ing purpose,  or  other  piuposes  incidental  thereto,  or  for  mil- 
ling, concentrating  or  other  purposes  in  connection  with  the 
working  of  his  mine,  to  an  amount  reasonably  necessary  there- 
for, upon  obtaining  a  record  thereof  in  manner  hereinafter 
provided. 

Sec.  II.  Thirty  days  previous  to  the  making  of  the  record 
the  applicant  shall  post  at  the  following  places  a  notice  in 
writing  of  his  inten*-'cn  ♦':>  apply  to  the  Gold  Commissioner 
for  the  record  the; win  referred  to,  at  the  following  places,  ^■: — 

1.  At  the  point  of  proposed  diversion;  on  the  mine  on 
which  such  water  is  intended  to  be  used;  on  each  mine  or  per- 
son's land  to  be  crossed  by  the  water  in  course  of  transit  to 
the  place  of  user;   and  in  the  office  of  the   Mining   Recorder 


i 


486 


BRITISH   COLUMBIA. 


! 

I 

! 


for  the  District;  and  shall  forward  a  copy  of  his  notice  of  ap- 
plication to  the  Gold  Commissioner. 

1.    Such   notice    shall   contain  the   following    particulars: 

(a.)    The  name  of  the  applicant. 

(b.)    The  number  of  the  applicant's  free  miner's  certificate. 

(c.)  The  name,  or  if  unnamed,  a  sufficient  description  of 
the  stream,  lake,  or  other  source  from  which  such  water  is  in- 
tended to  be  taken. 

d.)  The  point  of  diversion  or  inte|ided  ditch-head  where 
water  is  diverted  from  any  stream  for  the  purpose  of  develop- 
ing power,  the  applicant  shall  also  state  the  point  at  which 
it  is  to  be  returned  and  the  difference  in  altitude  between  the 
point  of  diversion  and  the  point  where  it  is  to  be  returned; 
where  the  water  is  to  be  used  f*r  mining  purposes  the  point 
where  the  water  is  to  be  returned  to  the  stream  shall  be  given. 

(e.)  The  means  by  which  it  is  intended  to  store  or  divert 
the  same. 

(f.)    The    number    of    inches    of    water    applied    for. 

(g.)  The  purpose  for  which  it  is  required,  stated  with  rea- 
sonable particularity. 

(a.)    The   mine  upon  which  the  water  is  to  be  used. 

(i.)  The  date  of  the  posting  of  the  notice,  and  the  date  on 
which  application  will'  be  made  to  the  Gold  Commissioner  for 
the  granting  of  the  record. 

Sec.  12.  On  the  day  mentioned  in  the  notice  of  application, 
or  at  a  subsequent  day  and  time  to  be  fixed  by  the  Commis- 
sioner or  Gold  Commissioner,  as  the  case  may  be,  application 
shall  be  made  by  or  on  behalf  of  the  applicant,  either  by  at- 
tendance in  person  or  by  agent,  or  in  writing,  for  a  record 
in  accordance  with  the  terms   of   the   notice. 

Sec.  13.  The  Commissioner  or  Gold  Commissioner  shall  at 
such  day  and  time  proceed  to  adjudicate  upon  the  application, 
and  upon  proof  to  his  satisfaction  of  the  publication  of  notice 
in  manner  aforesaid,  and  of  the  right  of  the  applicant  to  apply 
for  a  record  under  the  foregoing  provisions  of  this  Act  or  any 
of  them,  and  of  the  volume  of  unrecorded  water  available  for 
diversion,  having  regard  to  existing  rights  and  records,  whether 
held  by  land  owners  or  mine  owners  and  to  pending  applica- 
tions, may  grant  to  the  applicant  a  record  of  such  amount  of 
water  and  for  sttch  purposes  as  in  the  discretion  of  the  Com 
miasioner  or  Gold  Commissioner  shall  be  reasonably  required 
by  the  applicant  for  the  purposes  specified  in  his  notice  of 
appli^tion. 


VVATFR  CLAUSES  ACT,  1897. 


-I«7 


Sec.  14.  The  Commissioner  or  Gold  Commissioner  may  ad- 
journ such  adjudication  from  time  to  time  as  circumstances 
may  render  expedient,  and  shall  have  power  to  take  evidence 
by  statutory  declaration  and  to  summon  and  examine  witnesses 
upon  oath,  and  to  hear  all  parties  whose  rights  are  or  may  be 
affected  by  the  application. 

Sec.  15.  The  record  granted  upon  such  application  shall  be 
forthwith  entered  by  the  Commissioner,  or  Gold  Commissioner,* 
in  the  Book  of  Record  of  Water  Rights,  and  shall  contain  the 
particulars  required  to  be  contained  in  the  notice  of  application 
as  confirmed  by  or  modified  upon  the  adjudication  and  any 
other  particulars  directed  to  be  inserted  therein  by  Regulations 
in  that  behalf,  with  such  additions  and  variations  as  circum- 
stances  may  require. 

2.  A  certified  copy  of  the  record  shall  be  furnished  by  the 
Commissioner,  or  Gold  Commissioner,  to  the  applicant,  and 
shall,  without  proof  of  the  signature  of  the  Commissioner,  or 
Gold  Commissioner,  be  evidence  in  all  courts  and  proceedings 
of  the  matters  in  such  record  set  forth. 

3.  The  Gold  Commissioner  shall  forthwith  forward  a  cer- 
tified copy  of  every  record  made  by  him  to  the  Mining  Re- 
corder of  the  district  or  place  in  which  the  water  comprised  in 
such  gratit  is  to  be  used,  and  the  Recorder  shall,  without  fee, 
transcribe  such  copy  into  his  Book  of  Record  of  Water  Rights. 

Sec.  16.  On  any  dispute  arising  prior  to  record,  priority  of 
notice  of  application  shall  constitute  priority  of  right. 

Sec.  17.  A  record  shall  speak  from  the  day  on  which  it  is 
made. 

Sec.  18.  Any  owner  of  land  or  owner  of  a  mine  who  would 
be  entitled  to  apply  for  a  record  of  the  water  in  anv  stream 
or  lake,  if  the  same  were  unrecorded,  and  who  is  desirous  of 
obtaining  a  record  of  the  same  but  is  prevented,  wholly  or  in 
part,  by  the  existence  of  p:ior  records,  whether  obtained  un- 
der this  c  ^ny  oth«r  Act,  mzy  apply  ex  parte  to  the  Commis- 
sioner, or  Gold  Commissioner,  for  leave  to  apply  for  a  record, 
notwithstanding  the  existence  of  such  prior  records,  and  upon 
the  furnishing  to  such  Commissioner,  or  Gold  Commissioner, 
of  prima  facie  proof  that  the  water  allowed  to  be  diverted  by 
any  or  all  of  such  Axisting  records  is  wholly,  or  in  part,  un- 
used thereunder,  or  unnecessary  for,  or  in  excess  of  the  re- 
quirements of  the  purposes  specified  therein,  such  Commis- 
sioner,   or    Gold    Commissioner,    shall,    by     writing     under    his 


r:i 


■>   i 


488 


BRITISH   COLUMBIA. 


hand,  authorize  such  owner  to  give  notice  of  his  intention  to 
apply,  and  to  apply,  for  a  record  of  the  water  of  such  lake  or 
stream,  and  such  owner  may  thereupon  apply  for  a  record 
accordingly,  and  shall  post  up  and  forward  notice  of  his  ap- 
plication, and  proceed  therein  in  form  and  manner  hereinbefore 
provided  for  the  making  of  an  application  for  a  record  of  unre- 
corded water. 

(2.)  The  Commissioner,  or  Gold  Commissioner,  in  adjudi- 
cating upon  the  application  of  such  owner,  shall,  after  hearing 
all  parties  in  interest  and  their  witnesses,  if  any,  or,  if  any  party 
in  interest  do  not  appear,  upon  its  being  proved  to  his  satis- 
faction that  such  party  has  had  notice  of  the  terms  of  such 
application  and  of  the  date  and  time  on  which  it  is  made, 
either  refuse  the  application,  or,  where  it  is  proved  to  his 
satisfaction  that  he  is  justified  in  making  a  cancellation  or  re- 
duction as  hereinafter  mentioned,  grant  a  record  for  such 
amount  of  water  as,  in  his  discretion,  is  reasonably  necessary 
for  the  purposes  specified  in  the  application,  and  may,  for  the 
adjustment  of  the  supply  of  available  water,  cancel  any  ex- 
isting record  obtained  under  this  Act,  or  any  Act  hereafter  to 
be  passed,  on  the  ground  of  abandonment  or  non-user,  and  re- 
duce any  such  existing  record  in  part,  either  as  to  the  amount 
of  water  or  as  to  the  times  of  using  such  water,  where  it  is 
proved  to  his  satisfaction  that  the  amount  of  water  thereby  re- 
corded is  in  excess  of  the  amount  required  for  the  purposes 
specified  in  the  record,  or  that  such  water  is  necessary  for  such 
purposes  only  during  certain  periods,  and  may  during  the 
intervals  be   applied   to   other  purposes,    and   may: 

(3.)  In  respect  of  any  existing  record  obtained  under  any 
Act  heretofore  passed,  in  respect  of  which  prima  facie  aban- 
donment or  non-user,  in  whole  or  in  part,  is  proved  to  his 
satisfaction,  grant  to  the  applicant  an  interim  record  entitling 
the  applicant  to  the  use  of  the  water  comprised  in  such  exist- 
ing record,  in  whole  or  in  part,  until  the  owner  of  such  exist- 
ing record,  upon  giving  notice  of  his  intention  in  that  behalf 
at  the  time  and  in  manner  fixed  by  the  Commissioner  (to  be 
not  less  than  three  months'  notice  in  any  case)  shall,  if  en- 
titled by  law  so  to  do,  bona  fide  resume  under  his  original 
record  the  use  of  the  water  comprised  in  such  interim  record, 
or  such  pai-t  thereof  as  he  may  reasonably  require,  to  be  ascer- 
tained by  the  Commissioner,  or  Gold  Commissioner;  and  the 
rights  of  the  holder  of  the  interim  record   shall,  at  the  exiiira- 


WATER  CLAUSES  ACT,  1897. 


489 


tion  of  the  period  fixed  in  such  notice,  and  in  respect  of  the 
water  therein  specified,  absolutely  cease  and  determine,  and 
he  shall  have  no  claim  or  right  to  compensation  for  any  loss 
or  damage  caused  to  him  by  such  resumption  of  use  under 
the  original   record. 

Sec.  19.  Every  record  obtained  by  the  owner  of  land  or  the 
owner  of  a  mine,  shall  be  deemed  as  appurtenant  to  land  or 
mine  in  respect  of  which  such  record  is  obtained. 

(2.)  All  assignments,  transfers,  or  conveyances  permitted  by 
law  of  any  mine  or  of  any  pre-emption  rights,  and  all  convey- 
ances of  land  in  fee,  whether  such  assignments,  transfers,  ur 
conveyances  were  or  shall  be  made  before  or  after  the  passing 
of  this  Act,  shall  be  construed  to  have  conveyed  and  trans- 
ferred, and  to  convey  and  transfer,  any  and  all  recorded  water 
privileges  appurtenant  to  the  premises  assigned,  transferred  or 
conveyed,  and  shall  pass  with  any  of  the  premises  aforesaid 
upon  devise  or   descent. 

Sec.  20.  Whenever  a  mine  shall  have  been  worked  out  or 
abandoned,  or  a  pre-emption  canceled  or  abandoned,  or  when- 
ever the  occasion  for  the  use  of  the  water  upon  the  mine  or 
pre-emption  shall  have  permanently  ceased,  all  records  appur- 
tenant thereto  shall  be  at  an  end  and  determined. 

Sec.  21.    Where  any  record  authorizes  the  diversion  of  water 
for  two  or  more  purposes,  or  to  be  used  in  two  or  more  places, 
or  where   the   holder   of   the   record     desires   to    apportion   the 
water  in   specified    proportions   between   two   or   more   parts   of 
the  land  or  mine  on  which  the  water  is  authorized  to  be  used, 
the    Commissioner,    or    Gold    Commissioner,    upon    application 
made  to   him  for   that   purpose    by   the    holder    of   the    record, 
or  any  person  claiming  through   or  under  him   by   assignment 
or  otherwise,  and  upon  its  being  proved  to  his  satisfaction  that 
the  rights  of  third  parties  will  not  be  prejudiced  by  such  appor- 
tionment, shall   make  a  record  apportioning   the   water   author- 
ised to  be  diverted  in  accordance  with  the  terms  of  the  appli- 
cation for  apportionment,    and   shall   indorse  upon  the   original 
record  a  memorandum  of  and  reference  to  the  record  of  such 
apportionment. 

Sec.  M.  A  «orrespondinff  record  and  references  may  be 
"ude  upon  similar  application  where  mines  or  lands  are  consoli- 
•iated  or  pass  into  a  single  or  joint  ownership,  and  it  .is  proved 
to  the  satisfaction  of  the  Commissioner,  or  Gold  Commissioner,. 
'!iat  it  is  expedient  for  the  purpose  of  the  more  effectual   and 


y\  II! 

hi  r 


'ill 


i 


v< ! 


\ 


i- 


'  K; 


H 


;  .i  i* 


490 


BRITISH    COLUMBIA. 


beneficial  use  of  the  water  authorized  to  be  diverted  that  the 
original  records  be  consolidated  in  accordance  with  the  terms 
of  the  transfer  or  consolidation  of  the  lands  or  mines. 

Sec.    33.    Within   sixty   days   after  the    record   is    made,    or 
within  such  further  time  as  the  Commissioner,   or  Gold   Com- 
missioner,   may   in   his  discretion,   upon   proof   to   his    satisfac- 
tion of  special  circumstances  rendering  further  time  necessary, 
by  writing  duly  recorded  in  the  book  of  the  record  of  water 
grants,    the    holder    shall    commence    the    excavation    and    con- 
struction of  the  ditch,  flumes,  and   works  in   or  by  means  of 
which   he  intends   to   divert,    convey   or   utilize   the   water,  and 
shall    prosecute    the    work    diligently     and     uninterruptedly    to 
completion:    Provided  always,  that  the  Commissioner,  or  Gold 
Commissioner,  may,  in  his  discretion,  allow  such  work  to  cease 
for  any  necessary  or  reasonable  time,  upon  cause  being  shown 
Upon   the  non-fulfillment  of  any  of  the  conditions  of  this  sec 
tion,  the  Commissioner,  or  Gold  Commissioner,  may,  upon  no 
tice,    cancel   the   record. 

Sec.  24.  The  right  of  entry  on  and  through  the  mines  and 
lands  of  others  for  carrying  water  upon,  over,  or  under  the 
said  mines  and  lands,  and  for  the  construction  of  all  neces- 
sary works  m  connection  therewith,  may  be  claimed  and  ex 
crcised  by  any  holder  of  a  water  record,  upon  giving,  previ- 
ously to  such  entry,  adequate  security  to  the  satisfaction  of  the 
Commissioner,  or  Gold  Commissioner,  for  any  loss  or  dam 
ages  which  may  be  caused  by  reason  of  such  entry;  such  se 
curity  to  be  tendered  to  the  Commissioner  or  Gold  Commis 
sioner  for  approval  with  a  notice,  a  copy  of  which  shall  be 
served  on  the  owner  of  mines  or  lands  affected,  that  at  &  day  and 
time  to  be  specified  in  such  notice,  applicatio'i  will  be  made. 
to  the  Commissioner  or  Gold  Commissioner  for  approval  ofj 
security,  and  upon  such  application,  upon  hearing  what  is  al- 
leged by  all  parties  in  interest,  the  Commissioner  or  Goldj 
Commissioner  may  either  accept  or  reject  such  tendered  secu- 
rity, in  whole  or  in  part,  and  so,  from  time  to  time,  until  ade-j 
quate   security   is  tendered   and   approved. 

(a.)  After  such  entry,  the  holder  of  the  water  record  so  en  I 
tering  shall  make  full  compensation  to  the  occupant  or  ownerl 
of  such  mines  or  lands  for  any  loss  or  damages  which  may  b(| 
caused  by  reason  of  such  entry;  and  for  the  recovery  of  such, 
loss  or  damages,  the  owner  of  the  mines  or  lands  entered  uponj 
or  other  person  damaged  by  such  entry  and  works,   may  sua 


upon  tl 
mission 
curity  r 

Sec. 
by  the 
or  occuj 
be  giver 

Sec. 
^nd   lane 
ditches, 
ffcord,    I 
three   daj 
cept    in 
made. 

Sec.    2; 
•rom    the 
the  place 
fiving    su 
^'ommissic 
'Sec.   a8. 
means  for 
waste  any 
actual  reqi 
®ay,  upon 
necessary  ( 
Sec.  29. 
■las   been 
I'jcated  anc 
"•e  stream, 
<o  the  com 
'nches   of  V 
inches  if  th 
"Pt  upon 
I  'lual  to  th( 
°f  the  allow 
\^^^'  in   con 
I  ^^  consider 

^^c-  .10. 
o»n  expense- 
Ittsary  for  tl 
[throusrh  or 
Sec.  31. 


WATER  CLAUSES  ACT,  1897. 


491 


the 
;rms 

,     or 
Com- 
isfac- 
ssary, 
water 
con- 
ins  of 
:,  and 
.ly   to 
:  Gold 
)  cease 
shown, 
lis  sec- 
)on  no- 

les  and 

der  the 

I   neces- 

and  ex 

;,  P«v>- 

a  o{  the 

or   datn- 
such  se 
Commis- 
shall  be 
.  day  and 
made 
froval  oi 
iat  is  aH 
,or   Gold  I 
•ed  sccu- 
intil  ade-| 

^d  so  en- 
or  owner! 
may  ^\ 

of  sucl 
Led  upon 

I  may  sw 


upon  the  security  so  given  to  the  Commissioner,  or  Gold  Com- 
missioner, irrespective  of  the  form  and  manner  in  which  se- 
curity may  be  made  and  given. 

Sec.  as.  Whenever,  in  pursuance  of  the  power  conferred 
by  the  preceding  section,  it  is  intended  to  enter  upon  mines 
or  occupied  lands,  three  days'  notice  of  such  intention  shall 
be  given  to  the  owner  or  occupant. 

Sec.  26.  The  holder  of  a  water  record  may  enter  mines 
and  lands  for  the  purpose  of  repairing  and  maintaining  the 
ditches,  flumes,  and  works  for  conveying  water  under  his 
record,  but  shall,  if  such  mines  or  lands  are  occupied,  give 
three  days'  notice  to  the  occupant  of  intention  to  enter,  ex- 
cept in  cases  of  emergency,  when  immediate  entry  may  be 
made. 

Sec.  27.  The  holder  of  any  record  may  obtain  permission 
from  the  Commissioner,  or  Gold  Commissioner,  to  change 
the  place  of  diversion  or  the  course  of  his  ditch  or  flume,  on 
living  such  notices  and  complying  with  such  terms  as  the 
Commissioner,  or  Gold  Commissioner,  may  require  or  impose. 
Sec.  28.  Every  holder  of  a  record  shall  take  all  reasonable 
means  for  utilizing  the  water  granted  to  him;  and  if  he  wilfully 
waste  any  water,  or  take  a  quantity  of  water  in  excess  of  his 
actual  requirements,  the  Commissioner,  or  Gold  Commissioner, 
may,  upon  notice,  cancel  or  reduce  the  record  or  impose  all 
necessary  conditions. 

Sec.  2Q.  If,  after  a  record  of  all  the  water  in  any  stream 
has  been  made,  for  mining  purposes,  any  placer  mines  are 
located  and  bona  fide  worked  below  the  point  of  diversion  on 
the  stream,  the  owner  of  such  placer  mines  shall  be  entitled 
to  the  continuoits  flow  in  the  stream  past  the  mines  of  forty 
inches  of  water  if  two  hunderd  inches  be  diverted,  and  sixty 
inches  if  three  hundred  inches  be  diverted,  and  no  more,  ex- 
cept upon  paying  to  the  holder  of  the  record  compensation 
equal  to  the  amount  of  damage  sustained  by  him  on  account 
of  the  allowance  to  the  claim  of  such  extra  quantity  of  water; 
and,  in  computing  such  damage,  the  cost  of  the  ditch  shall 
he  considered. 

Sec.  30.    The  owner  of  any  ditch,  flume,  or  pipe  shall,  at  his 
own  expense,   construct,  secure,  and  maintain  all  culverts  nec- 
essary for  the  passage  of  waste  and  superfluous  water  flowing 
through  or  over  any  such  ditch,  flume  or  pipe. 
Sec.  31.    The  owner  of  any  ditch,   flume,   or  pipe  shall  con- 


^•» 


I 


■  I ' 


I  • 


■H- 


I  : 


^ 


I  ;r 


i  I 


m 


493 


BRITISH   COLUMBIA. 


i 


struct  and  secure  the  same  in  a  proper  and  sul  stantial  nan- 
net,  and  maintain  the  same  in  good  condition  and  repair  to  the 
satisfaction  of  the  Commissioner,  or  Gold  Commissioner,  so 
that  the  same  shall,  at  all  times,  be  of  sufficient  strength  and 
capacity  for  the  fulfilment  of  the  purposes  for  which  it  wai 
constructed  and  is  used,  and  so  that  no  damage  shall  occur 
to  any  road  or  work  in  its  vicinity  from  the  use  of  such  ditch, 
flume  or  pipe. 

Sec.  32.  The  owner  of  any  ditch,  flume,  or  pipe  shall  be 
liable  for  and  shall  make  good,  in  such  manner  as  the  Commis- 
sioner, or  Gold  Commissioner,  shall  determine,  all  damages 
which  may  be  occasioned  by  or  through  such  ditch,  flume,  or 
pipe  breaking  or  being  defective  in  construction,  or  out  of  r^ 
pair,  or  oi  insufficient  strength  and  capacity  for  the  purposes, 
or  any  of  them,  for  which  it  was  constructed,  or  is  from  time 
to  time  used. 

Sec.  33.  Any  person  heretofore  or  hereafter  engaged  in  the! 
construction  bf  any  road  or  work  may,  with  the  sanction  of  the  j 
Commissioner,  or  Gold  Commissioner,  cross,  divert,  or  other 
wise  interfere  with  any  ditch,  water  right,  or  other  mining! 
rights  whatsoever,  for  such  period  and  upon  luch  terms  as  the  I 
said  Commissioner,  or  Gold  Commissioner,  shall  direct  andj 
impose. 

Sec.  34.  Nothing  herein  contained  shall  be  construed  tol 
limit  the  right  of  the  Chief  Commissioner  of  Lands  and  W'orksl 
to  lay  out,  from  time  to  time,  the  public  roads  of  the  Province,! 
across,  through,  along,  or  under  any  ditch,  water  right,  orl 
mining  right,  in  any  Crown  land,  without  compensation,  pru-j 
vided  that  as  little  damage  as  possible  shall  be  done. 

Sec.  35.  The  Chief  Commissioner  of  Lands  and  Works,  wit! 
the  approval  of  the  Lieutenant-Governor  in  Council,  may,  up 
on  such  terms  and  conditions  as  to  compensation  to  persoD 
affected  as  the  Chief  Commissioner  may  think  proper  to  iml 
pose,  authorize  the  record  for  the  benefit  of  all  or  any  of  tbd 
Indians  located  on  any  Indian  reserve,  of  so  much  and  n<| 
more  of  any  unrecorded  water  from  any  stream  or  lake,  fm 
domestic  and  agricultural  purposes,  as  may  be  reasonably  necei 
sary  for  such  purposes. 

(2.)    No  water   shall  be  recorded  under  this   section  unlesj 
and  until — 

(a.)    The  provisions  of  this  Act  relating  to  notice  of  applj 
cation  to  divert  and  record  water  have  been  satisfied. 


"J 


WATER  CLAUSES  ACT,  1897. 


493 


Ion  unles 


of  aPP' 


(b.)  The  notice  required  by  the  provisions  of  this  Act  re- 
lating to  notice  of  application  to  divert  and  record  water  has 
been  published  for  one  month  in  the  British  Columbia  Gazette, 
and  in  a  newspaper  (if  any)  published  in  the  district,  and  if 
there  be  no  newspaper  published  in  the  district,  then  for  one 
month  in  some  newspaper  published  in  the  Province. 

(c.)  The  Commissioner  of  the  district  has  servied  upon  or 
iorwarded  by  registered  letter  to  each  person  who  may  be  af- 
fected  by  the  proposed  diversion  a  copy  of  such  notice. 

(d.)  The  Commissioner  of  the  district  has  reported  thereon 
in  writing  to  the  Chief  Commissioner  as  to  the  volume  of  water 
in  the  stream  or  lake  from  which  the  water  is  proposed  to  be 
taken;  the  damage  or  benefit  likely  to  accrue  from  such  diver- 
sion to  the  land-owners  ur  other  persons  having  water  rights 
on  such  stream  or  lake  from  which  it  is  proposed  to  divert 
the  water;  that  the  amount  of  water  asked  for  is  necessary  and 
reasonable,  and  as  to  such  other  piirticulars  as  the  Chief  Com- 
missioner  may   from   time   to   time   require. 

(3.)  The  Chief  Commissioner  may,  with  the  approval  of  the 
Lieutenant-Governor  in  Council,  alter,  vary,  or  cancel  any  rec- 
ord made  under  this  section,  upon  such  terms  and  conditions 
is  he  may  deem  proper. 

(4.)    No   record   under   this   section   shall    be   granted   unless 
ind  until  the   Chief   Commissioner   has   been   satisfied   that   the 
erms  and  conditions  as  to  notice  have  been  satisfied  and  com- 
ensation    (if   ordered)    has   been   paid. 
(s)    All  questions  connected  with  the  diversion  of  water  un- 
er  this  section,   compensation   for  damages,   quantity   of  water 
(quired,  shall  be  decided  in  a  summary  manner  by  the  Chief 
ommissioner,    and   the    Chief    Commissioner    may,    in   writing, 
irect  any   Commissioner  or  Justice  of  the   Peace   to   take,    on 
th,  the  evidence  of  any  person  who  can  give  evidence  on  or 
hose  evidence   is   material   to   the   decision   of   the   matters   in 
uestion;  and  such  Commissioner  or  Justice  of  the  Peace  shall 
ve  full  power  and  authority   to  take   such   evidence   and   to 
mmon  before  him  such  persons. 
1^  Sec.  36.    Any  persQn  affected  by  any  decision  of  a  Commis- 
ner,  or    Gold    C</mmissiouer,    under    this    Part    of   this    Act, 
y  appeal  therefrom  to  the  Supreme  Court  or  to  the  County 
urt  in  a  summary  manner  by  filing,  within  one  month  after 
day   such    decision    is    rendered,    a    petition    as    hereinafter 
vided:— 


. 


''  ll 


..■.■;S 


t 

i '  I 


!   I 


:[; 


1 1 


494 


BRITISH   COLUMBIA. 


(a.)  The  appeal  shall  be  in  the  form  of  a  petition  tu  any 
Judge  of  the  Supreme  Court,  or  the  Judge  of  the  County  Court 
appealed  to,  verified  by  affidavit,  and  setting  forth  the  matters 
and  points  of  fact  and  of  law  relied  upon. 

(b.)  The  petition  shall  be  intituled  in  the  matter  of  this  Act, 
and  of  the  particular  decision  appealed  from,  and  shall  name 
as  respondents  the  persons  who,  before  the  Commissioner,  or 
Gold  Commissioner,  were  adverse  in  point  of  interest  tu  the 
appellant,  and  the  Commissioner,  or  Gold  Commissioner,  nnd 
shall,  along  with  the  affidavit  verifying  the  same,  be  filed  in  the 
proper  registry  within  the  one  calendar  month  aforesaid. 

(c.)  A  copy  of  the  petition  and  of  the  affidavit  verifying  the 
same  shall,  within  ten  days  of  the  filing  thereof,  or  within 
such  further  time  as  a  Judge  of  the  Court  appealed  to  by  en- 
dorsement thereon  allows,  be  served  upon  the  respondents 
named  therein,  with  a  notice  endorsed  thereon  that  the  an- 
swer of  the  respondents  thereto  must  be  filed  in  the  proper  of- 
fice named  therein,  and  a  copy  of  such  answer  served  upon 
the  petitioner,  whose  address  for  service  shall  be  stated  within 
fourteen  days  from  the  service  of  such  petition. 

(d.)  Upon  being  served  with  the  answer,  or  upon  the  ex- 
piration of  the  time  allowed  for  filing  and  serving  the  same, 
the  petitioner  shall  set  down  the  petition  for  hearing  at  the 
next  sittings  of  the  Court  appealed  to.  within  the  county  in 
which  such  petition  is  filed,  to  be  held  not  less  than  fourteen 
days  from  such  service  or  the  expiration  of  such  time,  and 
shall  give  to  the  respondents  ten  days'  notice  of  the  same  hav- 
ing been  so  sat  down  for  hearing. 

(e.)  Provided  that  any  party  may  ex  parte  apply  to  a  Judge 
of  the  Court  appealed  to,  to  fix  a  day  for  the  hearing  of  the 
petition,  and  all  other  parties  to  the  petition  shall  recei»^e  ten 
days'  notice  of  the  hearing  upon  the  day  so  fixed. 

(f.)  Any  person  who  is  affected,  or  who  claims  to  be  affected 
by  the  decision  appealed  from,  whether  served  with  the  peti- 
tion or  not,  may,  with  the  permission  of  the  Judge  appear  and 
be  heard  on  the  hearing  of  the  appeal,  and  may,  with  thej 
like  permission,   file  affidavits  relating  thereto. 

Sec.  37.  Upon  being  served  with  a  petition  any  respondent  I 
may  apply  to  a  Judge  of  the  Court  appealed  to  for  an  order 
requiring  the  appellant  to  give  security  for  the  costs  of  the 
appeal,  and  the  Judge  may  direct  the  giving  of  security  ifij 
such  manner,  within  such  time,  and  to  such  amount  as  he  mi\ 


Sec.  40. 
•^ne  or  more 
or  lakes  as  j 
'waterworks  1 
wistiHg  syst« 

"'«r  provide< 
Sec.   41.     / 

I*  efficient  s< 

'Wsonable    li, 

r,^^'  appro 

m  of  expr 


WATER  CLAUSES  ACT,  1897. 


»y5 


think  fit,  and  that  in  default  of  the  giving  of  such  security  tlic 
appeal  shall  be  dismissed,  and  that  in  the  meantime  all  prrt- 
ceedings   be   stayed. 

Sec.  38.  Upon  the  hearing  of  the  appeal,  the  Judge  of  t he- 
Court  appealed  to  may  either  confirm  or  reverse  the  decision 
appealed  from,  and  either  in  whole  or  in  part,  and  may  add 
to  or  vary  such  decision,  and  may  make  such  order  in  relation 
to  the  matters  dealt  with  in  the  decision  appealed  from,  and 
respecting  the  rights  of  all  parties  in  interest,  and  affected  by 
the  decision  appealed  from,  whether  named  in  the  petition  or 
not,  as  he  deems  just,  and  may  direct  the  doing  of  ajl  neces- 
sary acts,  and  the  making  of  all  necessary  entries  and  record!> 
to  give  effect  to  such  order,  and  may  make  such  order  as  to 
rosts  as  he  thinks  just. 

Sec.  39.  Any  person  dissatisfied  with  the  decision  of  a  Judge 
of  the  Supreme  or  County  Court,  in  respect  of  any  such  appeal. 
may  appeal  to  the  Full  Court,  provided  that  notice  of  appeal 
be  given  to  the  opposite  party  within  twenty-one  days  from 
such  decision;  and  provided  also,  that  the  appellant  give 
within  such  period  such  security  for  costs  as  a  Judge  of  the 
Court  appealed  from  may  approve;  and  such  appeal  shall  be 
dealt  with  as  near  as  may  be  as  in  the  case  of  an  ordinary  ap- 
peal to  the  Full  Court  from  a  final  judgment  in  an  action  in 
the  Supreme    Court. 


ipoii(if"M 
\n  ordtfl 
of  thel 

lurity  ia| 
he  tnayl 


III. 

THE    SUPPLYING     OF     WATER     BY     WATER- WORKS 
SYSTEMS    TO    CITIES,    TOWNS    AND    UNIN- 
CORPORATED  LOCALITIES. 

Sec.  40.  Any  municipality  may,  from  time  to  time,  obtain 
lOne  or  more  records  of  the  unrecorded  water  in  any  stream- 
lor  lakes  as  a  source  or  sources  of  supply  for  a  projected 
I  waterworks  system,  or  branch  of  a  system,  or  to  augment  any 
txistiag  system,  or  branch  of  such  system,  in  manner  herein- 
jifter  provided. 

Sec.  41.  Any  municipality  shall  from  time  to  time,  where 
\i  sti^Hcient  supply  of  unrecorded  water  is  not  available  within 
I  reasonable  limits  of  distance  and  expenditure,  have,  subject 
|to  the  approval  of  the  Lieutenant-Governor  in  Council,  the 
pght  of   expropriation   over   recorded    water   and    all    works    in 


.!  I  1: 


i-i  i 


1, 


wmmmm 


I 


196 


BRITISH   COLUMBIA. 


connection  therewith  to  the  extent  deemed  necessary  by  the 
municipality  to  obtain  a  proper  and  sufficient  source  of  water 
supply  for  ordinary  household  purposes. 

Sec.  42.  A  municipality  desiring  to  obtain  a  record  of  un- 
recorded water  shall  proceed  in  manner  provided  by  sections 
q,  12,  13,  14  and  15  of  Part  II  of  this  Act;  save  in  so  far  as 
said  section  13  is  modified  as  to  pending  applications  by  sub- 
sections (a)  and  (c)  of  this  section,  and  as  to  quantity  of 
water  by  section  40  hereof. 

(a.)  Upon  compliance,  by  the  municipality,  with  section  9 
of  this  Act  all  pending  applications  to  the  Commissioner  and 
Gold  Commissioner  for  records  of  water  comprised  in  whole 
or  in  part  within  the  application  of  the  municipality  shall  be 
stayed  until  the  adjvdication  upon  the  application  of  the  munic- 
ipality. 

(b.)    Upon  application  made  by  a  municipality  for  a  record 
of  water  under  this  section  the  Commissioner  shall  adjudicate 
thereon,  but   shall,   before  making  or  refusing  a  record,   trans- 
mit to  the  Lieutenant-Governor  in  Council  the  notice  of  appli- 
cation,  a  transcript   of  the  application   and   of  all   evidence  re- 
ceived  by  him   for  or   against   the   same,   and   his  adjudication 
thereon  and  his  reasons  therefor,  and  the   Lieutenant-Governor 
in  Council  may  either  refer  the  matter  back  to  the  Commissioner 
for  further  evidence  and  report,  or  may  confirm  or  reverse  his 
adjudication   in   whole   or   in   part,   and    if   the   decision   of  the 
Lieutenant-Governor     in     Council     be    in   favor   of     granting  a 
record    the    Commissioner    shall,    upon    receipt    of    a    certified 
copy  of  an  Order  in  Council  in  that  behalf,  make  a  record  in 
favor    of    the    municipality    in    accordance    with    the    terms   of 
such  Order  in  Council. 

(c.)  If  the  application  of  the  municipality  be  granted  and 
a  record  made  thereupon,  the  same  shall  speak  from  the  date 
of  the  compliance  by  the  municipality  with  the  provisions  of 
section  0,  and  all  applications  pending  as  aforesaid  on  that  day 
shall  be  subject  to  the  record  and  rights  acquired  by  the  munic- 
ipality,  and  shall,   where  necessary,  abate  accordingly. 

Sec.  43.  A  municipality  entitled  to  exercise  the  right  of  ex- 
propriation over  recorded  water  may  proceed  in  manner  here 
inafter  provided  for  the  expropriation  of  lands,  and  upon  com 
pletion  of  such  expropriation  a  record  shall  be  made  by  the 
Commissioner,  or  Gold  Commissioner,  in  favor  of  the  munic- 
ipality in  accordance  with  the   terms    of    the    conveyance  ob-j 


tainec 

made, 

provec 

Sec 

ord    oi 

munici 

is  actu 

but  it 

such  ai 

such  m 

(a.) 

fforks    s 

user  the 

recoid  it 

'^f  a    sul 

cept  in   J 

apphcatio 
record   sh 
'n  whole 
by  the  mi 
^ec.    45 
a  water-wo 
or  extend 
*°  perform 
necessary   , 
^^^  limits 
at  such   tit 
upon  any  ], 
"'cipaJity,   i 
thereof  as 
system,  brar 
person,    aui] 
^"^^e   suital 
."'«'".  and  m 
'"  manner  h 
,    ^'^-    46.   ^ 
""■  the  soie  < 
."^ystem   withi, 
""^'dental  th< 
'fnt.  Pursuani 

r  '"^y  exer 


WATER  CLAUSES  ACT,  ,^. 


tained  upon  ,ueh  expronri,,-  '  <» 

municipaliiv  fn  „  '    "   '■'»'     not   be    -ll        '^    °'  *  ■•«- 

is  actuaUr^'^iP™"^  '1'  '"«''  *""  ap;„T."7  '°'  »«•• 
but  it  shall   K.i,   "''  **"  P«sent  us.  „,        1°  *"  "corded 

-h  aptltltrSr  ""•  """c.°  a,  .;Va"r''''l'^- 
-ch  ™u,icipa,i.,"aCe''   """^   ««-   '"<'   '"r  ^Hrp^'X'":! 

^a-;    XSo  record  made  i«  * 
"O'ks   system  shaMlapse  "r  7        '  ""'"'cipaH.y  for  a  wafe 

>o  perform  aL^*  "''"'""•  or  branch  '1  ^  '°  ""^"'"t 
necessary  or  "iT"?"  "'  ^"^h  acts  and  w  "S  '^"""'  "■" 
*«  liraifs  of  thJ'''"'"'  "'«•«''.  and  ethTr  Jf:*'  "  ■"'''  be 
"  -ch  Um°e  '^,7°■-■>''!"y.  -ay,  frlm' .rj""  ^  -''"out 
"Pon  any  land,  .-.u    """»«'PaIity  may  see  fi,  '""*•   '"'^ 

''"Polity,  and     "      '  """'"  °'  -'thou,  the  LT"< ''""•  '"0 

:ss:  a£ ?- -  -  -r  ~  -  p^"- 

;  •*-.  a^d  r     eTetr""   '"   '"'   -'<•   P^ost' "J^'    '"" 

I '"  s-r  :j  t--^"""  -^^^^^^^^^^^^^  "p^p'iatcr^  :u-m 

i^identr  the"  t  •"""'.cipality.  and  for  pu^     «  ^  """works 


r&>.., 


thif' 


{  !■ 


*   r^ 


498 


BRITISH    COLUMBIA. 


I  I 

1 


I 


I 


ties  corferred  upon  municipaliti«?s  by  sections  40,  41,  42,  43,  44 
and  45  of  this  Act;  and  shall,  subject  to  tht  conditions,  if  any, 
upon  which  the  consent  of  the  municipality  is  given,  have 
exclusive  rights  in  this  behalf  within  the  municipality. 

(a.)  Such  company  may  apply  for  records  of  unrecorded 
water  in  accordance  with  section  9  of  this  Act  upon  the  day, 
or  at  any  time  after  the  day  upon  which  its  Memorandum  and 
Articles  of  Association  shall  be  executed,  in  accordance  with 
the  provisions  of  the  "Companies'  Act,  1897,"  and  may  pro- 
ceed with  such  applications,  subject  only  to  the  obtaining  of 
the  consent  of  the  municipality  as  aforesaid:  Provided  that  all 
such  applications  and  all  proceedings  consequent  upon,  and 
incidental  thereto,  shall  be  null  and  void  if  the  company  fail 
to  obtain  the  consent  of  the  municipality  as  aforesaid  before 
the  time  appointed  for  application  to  the  Commissioner  for 
adjudication  upon  such  applications,  or  within  such  further 
time  as  may  be  fixed  by  the  Commissioner,  upon  proof,  to 
his  satisfaction,  of  special  circumstances  rendering  an  extension 
of  time  necessary. 

Sec.  47.  Where  a  company  has  been  duly  incorporated  un- 
der and  in  compliance  with  the  provisions  of  the  preceding 
sections  ol  this  Act,  fot  the  supplying  of  any  municipality 
with  a  watex -works  system,  and  has  acquired  a  s  urce  of  supply, 
by  record  or  otherwise,  and  constructed  in  wnole  or  in  part 
a  water-works  system,  such  municipality  may,  on  giving 
twelve  months'  notice,  in  writing,  to  the  company,  acquire  the 
source  of  water  supply,  and  all  the  records  of  the  company 
and  the  water- works  system,  and  all  lands  and  works  con- 
nected with  and  appertaining  thereto,  whether  within  or 
without  the  limits  of  the  municipality,  on  payment  therefor  to 
the  company  of  the  value  of  such  water-works  system,  lands 
»nd  works  (without  any  reference  to  or  payment  for  the  value 
of  the  said  records,  except  the  actual  cost  thereof,  if  any,  to  the 
company)  to  be  ascertained  in  manner  hereinafter  provided,  for 
the  ascertainment  of  the  value  of  lands  upon  expropriation, 
with   the   following   additions   thereto: — 

!>  If  the  water-works  system  has  been  in  operation  less 
than  five  years,  a  thirty  per  cent  bonus  upon  such  value. 

If  in  operation  more  than  fifteen  tind  less  than  twenty 
a  twenty-five  per  cent  bo.ius. 

If  in  operation  m^re  than  ten  and  less  than  fifteen  years, 
a  twenty  per  cent  bonus. 


WATER  CLAUSES  ACT.  ,8^. 


year.":'"  .t  1*.."  °'  """Potion  bZ. T.'?""'^  ""'« 
7;ks   and    b„„^.    rddi°/„S'"T'at'  ""  »«-'  vaTu.'t    r; 

cent  per  annn»,  '"a'ntenance.  will  »«,  account 

3     In       r      °"  ^"""^  amounts  """"""^  *«  ««  per 

i"  which  .he  wo^k^t:  °'h""  """"'-rrd  .i:  rr-" 

tis  Ac,     hi  ^":'"^'°"»  »'  the  tw„'^e«7.f"J:  ""''"  "^  b, 
by  th.  P^'**  "P  stock  of  the  I    ^    ^^^    ""*"«    per   an 

,b,°„  L°     '   ""   ""nicipality    it   i  '     ™°"'*  "foresaid,   in 

""i=  "palish '"n".'  '"'  "»•"  «"ice  "ro^r   °'  <'"'"'>'" 
W'ity  X  „?"'■'  '"  "'de,  or  if  i"  X  1  ."'•"  P"'»   of  ,h. 

to  the  said  works  as  may 


:/     f 


I  lu 


i    il: 


?.  '■ 


530 


BRITISH   COLUMBIA. 


I 

i 


I 


be  specified  in  the  said  notice,  and  within  a  period  of  time  to 
be  specified  in  the  said  notice.  In  the  event  of  such  company 
omitting  or  declining  to  make  such  extension,  changes,  or  re- 
pairs in  accordance  with  the  said  notice,  it  shall  be  lawful  for 
a  Judge  of  the  Supreme  Court,  upon  application  by  motion 
made  to  him  on  behalf  of  the  municipality  and  upon  hearing 
evidence,  to  determine  whether  such  extension  is  reasonabiy 
necessary  for  the  requirements  of  the  inhabitants  of  the  munic- 
ipality, or  whether  such  changes  or  repairs  are  necessary  for 
the  reasonable  protection  of  such  portion  or  portions  of  the 
municipality  against  fire,  and,  if  so,  to  direct  within  what  time 
such  company  shall  effect  the  said  extension,  changes  or  re- 
pairs: Provided  that  either  party  may  appeal  from  such  order 
to  the  Full  Court  of  the  Supreme  Court  of  British  Columbia, 
conforming  in  such  appeal  to  the  procedure  of  the  said  Court 
in  that  behalf. 

Sec.  50.  If  no  such  appeal  be  taken,  or  if  upon  appeal  the 
decision  of  the  Judge  of  the  first  instance  be  affirmed,  then 
such  company  shall  effect  the  extension,  changes,  or  repairs 
within  the  time  limited  by  the  order  of  the  said  Judge  of  the 
first  instance,  or  within  such  extended  time  as  the  Court  of  Ap- 
peal may  think  proper;  and  in  the  event  of  a  failure  to  obey 
such  order  of  the  Judge  or  of  the  Court  of  Appeal,  as  the  case 
may  be,  the  exclusive  rights  by  this  Act  or  by  the  consent  of 
the  municipality  granted  to  the  said  company  shall  absolutely 
cease  and  determine. 

Sec.  SI.  A  specially  incorporated  company  incorporated  for 
the  sole  object  of  constructing  and  operating  a  water-works 
system  for  the  supplying  of  an  unincorporated  locality,  and  for 
purposes  necessary  and  incidental  thereto,  and  obtaining  from 
a  Judge  of  the  Supreme  Court  the  certificate  in  section  55  ofj 
this  Act  specified,  shall  have  and  may  exercise  all  the  rights, 
powers,  privileges,  and  priorities  conferred  upon  municipalitiesj 
by  sections  40,  41,  42,  43.  44.  and  43  of  this  Act,  in  the  samt 
manner  and  to  the  same  extent  as  if  the  said  unincorporatec 
locality  were  a  municipality. 

(a.)    Such    company    may    apply    for    records    of    unrecorded 
water  in  accordance   with  section  9  of  this   Act,   upon  the 
or  at  any  time  after  the  day  upon  which  its  Articles  and  Mei 
orandum   of  Association   shall   be   executed   in  accordance  wit| 
the   provisions   of   the   "Companies'    Act,    1897,"    and    may  pre 
ceed  with  such  applications,   subject  only  to  the  obtaining  ai 


fil/ng  < 

cations 

thereto 

certifica 

to  the  ( 

"Within  s 

upon  pr 

'ng  an  e 

as  the  J, 

"'  the  cc 

Sec.  52 

ers  in   th 

ioivs : 

'■    The 

verified  as 

oi  the  pers 

(^')    Th. 

^nd  bounds 

(b-)    Tht 

and  the  „u 

"'^'■^s    occu 

Poi-ated  loca 

^c)    The 

Pany  has  ma 

estimated     q, 

l^'^^^ity  and 

'''<^  extent  of 
system, 

h  ^V    ^  des 
"^  affected 

T^^°- 

;  Office  a    ce 

!''''  o{  the  Ja 

"*«'oner,   a  cer 

ParticuJars  o 
'P^"y   under 

""dertaking. 


^a^'ons    and    ail**'  aforesaid  •  Pro.-^  ^  «°' 

thereto  shall  h       P'^^eedings    con,."**^^  ^^at  all  .„,. 

"Pon  proof  to  his   Ir.  ^  ""^^  be  fixed  k      .    ^PP^'cation    or 

nnn    i   ^^*  amount  of  .  ^   unincor- 

P^ny  has  made  annP      •  ""^^^orded   wat^r   , 
I  «t"nated     guanf^  '''^*'°"'  or  intend^  /       '°^   ^^ich    the   . 

fe  extent  of   stream    """'?'  ^^'^"•red  for'    ^^**'"^^'^'    -"d     the 

system.  '''^*^«"'   or   lake   to   be   ll      ^  °P«-ation   of  .  ^ 

(d)    A   ^  affected    bv  fh  "  ^"^ 

by  fhi         ^^scnption  of  th     ,  P»-oposed 

"^  the  comnan,,  .._  ,  ^^  the  lands.  ,v  „_ 


hrthi        ^^scnption  of  fh     ,  P»-oposed 

1"^  the  company  „„S        *^^  'ands,  if  a„^ 

Jposes  of  th^      .  """«■   powers    ,^/  ^'   bought  to   k 

Lfi-  ,   ""*    fi^enerally    ev.         .  '  ^^^   'ands 

koffi  :  r""'^  'h^'  Obtain  ,  ""''"•^''■ 

'''e    purposes    of 


« 


502 


BRITISH    COLUMBIA. 


3.  The  company  shall  cause  surveys  to  bt  made  and  levels 
to  be  taken  of  the  unincorporated  locality,  and  also  of  all  lands 
sought  to  be  taken  or  acquired,  held  or  used,  for  the  purposes 
of  the  undertaking,  and  also,  so  far  as  possible,  of  ;.ll  lands  to 
be  affected  by  the  undertaking,  and  from  such  surveys  and 
levels  shall  cause  to  be  prepared  a  map  or  plan  showing,  as 
fully  as  may  be,  particulars  of  the  matters  in  this  sub-section 
referred  to  and  the  intended  location  of  the  proposed  under- 
taking and  works. 

4.  The  company  shall  file  the  said  statement,  plan,  and  the 
said  certificates  in  the  District  Registry  of  the  Supreme  Court 
for  the  county  within  the  limits  of  which  the  unincorporated 
locality,  or  any  part  thereof,  is  situate,  together  with  a  copy 
of  the  Memorandum  and  Articles  of  Association  of  the  com- 
pany, certified  under  the  hand  of  the  Registrar  of  Joint  Stock 
Companies. 

Sec.  53.  Upon  the  filing  of  the  requisite  documents  in  ac 
cordance  with  sub-section  (d)  of  the  preceding  section,  the 
company  may  present  a  petition  to  a  Judge  of  the  Supreme 
Court  for  the  granting  of  the  certificate  in  section  55  hereof 
mentioned;  such  petition  shall  set  forth  the  material  facts  re- 
lied upon  by  the  company  as  justifying  the  construction  and 
operation  of  the  proposed  undertaking  and  works;  a  statement 
of  the  estimated  cost  thereof,  and  a  statement  of  the  amouni 
of  subscribed  capital  of  the  company,  and  shall  be  verified  a> 
to  substance  and  figures  by  affidavit  of  the  directors  or  pro 
visional  directors  of  the  company. 

Sec.  54.  Upon  the  filing  of  the  petition  in  the  preceding 
section  mentioned,  a  notice  shall  be  published  for  two  weeks 
in  the  British  Columbia  Gazette,  and  in  some  daily  or  weekly 
newspaper  published  or  circulating  in  the  unincorporated  lo 
cality,  setting  forth  as  succinctly  as  may  be  the  substance  of  the| 
application  to  be  made  by  the  company,  the  day,  time,  andj 
place  at  which  such  application  is  to  be  made,  which  time  shal 
not  be  less  than  thirty  days  from  the  date  of  the  first  publica 
tion  of  such  notice,  which  date  shall  be  istated  in  each  publica] 
tion  thereof. 

2.    In  the  case  of  any  petition  relating  to  an  unincorporat 
locality  within  a  county  in  which  there  is  no  resident  Judge 
the   Supreme   Court,   the  company   may,   at   any  time  after  th 
filing    of    the    petition,    enter    the    same    for    hearing    before 
Judge  of  the  Supreme  Court  in  any  other  county,  and  the  petl 


tion  , 
istry 
mail, 
try  ol 
of  the 
Sec 
Suprer 
compaj 
Act,   aj 
compar 
of  the 
cxercisi: 
with,  gr 
vided   b 
fixing  ti 
fore  the 
powers; 
and  the  1 
by  the  cc 
'or  the   s 
'nencing 
"Months  ft 

adjournmc 
of  notice  , 
as  he  may 
persons   m 
I'shing   of 
^"ces   to   h 
P'"oper,    an( 
proposed   u 
3     In    tl 
sert    thereir 
""aximum  r 
on  the  facts 
petition,  dee 
Section  of  ar 

'^n^^truction 
Works. 

^'^^^c-    S6. 
p-anting  and 
^^'  Registrar 


^^TER  CLAUSES  ACT.  .,^. 


tion  and  all  ^«  '   '^7. 

«''^  whJl"  filrrntn  *'.'"  '""-"-  »»»..  remain  • 

mail,   when  the  c,  .  *  '^  necessary  t„  *  '      "*.*'"  '«  the  ree- 

"mpany  ar.  such  a^    '  "='''  ">  W«ar  to  the   r      ^  "'  ""' 

»'  'he   proposed    u„^e«J"""''  ""  ~"»'ruct  on  a„T'   "^  "« 
"ercising  of  ail     """'"'•"■'S   and    works     =„j     ..    **  °P"«tion 

«'«..  grant  ,0    LT  *""  """"">'  Power^  fnt  ""   "-""S  -"d 

««'"»  the  aSoun,     ,   "  ""'  '"'•alf;    therein  ™  "'  "  P™" 

'»«  <he  ooZanv  t  ,f  ■'"^'  "Wch  shalf  be  /k"""'"'"^  "-1 
P°«rs;  the  tfr„t^  "'-"'•'"«<'  °o  exereise'f '"  '"  >«■ 
'"<1  "he  time  with^  ,.  Y*""^  '»"''  «pi,al  iH'  i.  '  ™'-P°«ee 
*>y  'he  companJ  Z  h"!?  ""  """'"-king  is  to  h  '"''"ribed, 
'-  'he  subscriLro r:^  •>■«  «-=  aggregU%M'h:  STI 
mencng   of  fh«     ^  *^"  amount   of  *»=.«.*  i  "^^^  ^xed 

-    Upon  the  hear-  f  .      ^^^-^'ficate.  '    ^''''^^'^   twelve 

adjournments    from   t^^el^^"^  P"*'*'°"  the  Judg^  „,         , 
of  notice  of  the  h*,  •  °    *'"'*^'   and    mav    h.  ^^^  o^'^^'- 

-  "e  may  think  '^T^:?  a'^d"'"  "-- " -dT  ..t   ''"'^'"^ 

persons   miv   ^     *^""Per,  and  may  fix  n  ♦;„        .  ,     ®"^n  manner 

'"ces  to  he  Kj  ^"  evidence,  and  mf  ^■"""  'he  fur- 
P'OP-  and  ma'y  Zr  'T""  '°  ^"  -de  t'he  ™'=''  «'"■ 
-°;osed  under.Iki'„rand  ^X'aT?^   "■  "n^e'rerb;";;;^ 

-  'h  re '  srr  /  -'!•««"  oat'-;  j"rr"- 

»"im„m  ^ust  ^ZtT"",  """  ^"'rictions  ^incTH"'^  '- 
™  'he  facts  made  to  ,  *"*  ">»  ">«  company  a,  ,"«  "^' 
P«i'ion,  deem  neJ      ""^  '"  'he  Court  on  tL  ^      •  '"*''•  "P" 

'«-»  of  any  ^ersor"  "l  '"'  """"•'  ^'erest  or  7""*^  °'  "~ 
"nslruction  L^  °'  "''^^  of  persons  J  1       I  '"''  "«  Pro- 

works.  -«   °P-'i°n   of  the%;:p":srd  "uVdtak'  "'  "" 

S-^e.   ,6.    E  "ndertakmg    and 

"""ing  anrf   .i      •         "     eertificate    shall    f„  ...    . 

"«   by  him  attached 


504 


BRITISH  COLUMBIA. 


to  the  memorandum  and  articles  of  association  of  the  com- 
pany; and  such  certificate  shall,  as  soon  as  possible,  be  pub- 
lished for  at  least  two  weeks  in  the  British  Columbia  Gazette 
and  in  the  newspaper  in  which  the  notice  of  application  to  the 
Court  was  published;  and  a  copy  of  such  certificate  shall  also  be 
published  with,  and  attached  to,  every  copy  of  the  articles  and 
memorandum  of  association  of  the  company  thereafter  issued 
or  published. 

2.  Upon  the  granting  and  filing  of  such  certificate  the  same 
shall,  as  to  every  part  and  condition  thereof,  be  read  with  and 
be  deemed  to  form  part  of  the  articles  and  memorandum  uf 
association  of  the  company,  and  the  company  shall  as  from 
the  date  of  such  certificate  be  deemed  to  be,  in  so  far  as  re- 
gards the  exercise  of  its  corporate  powers,  a  company  incor- 
porated by  special  Act  with  the  powers  taken  under  the  articles 
and  memorandum  of  association,  and  under  this  Act,  subject 
only  to  the  terms  and  conditions  of  such  certificate. 

Sec.  57.  Upon  the  granting  by  a  Judge  of  the  Supreme 
Court  of  a  certificate  under  the  provisions  of  section  55  of  this 
Act,  and  upon  compliance  with  the  terms  thereof  by 
the  company,  and  upon  the  filing  of  a  copy  thereof  certi- 
fied under  the  seal  of  the  Supreme  Court  with  the  District 
Registrar  of  Titles,  and  with  the  Commissioner  and  the  Gold 
Commissioner  of  the  district  within  the  limits  of  which  such 
unincorporated  locality  is  situate,  the  company  shall  have  and 
may  exercise  all  the  rights,  powers,  privileges,  and  priorities 
conferred  upon  municipalities  by  sections  40,  41,  42,  43,  44,  and 
45  of  this  Act,  subject  to  the  conditions,  if  any,  upon  which 
such  certificate  is  granted,  so  far  as  such  rights,  powers,  privi- 
leges and  priorities  are,  in  the  discretion  of  the  company, 
necessary  for  the  purposes  of  the  company  in  the  construction 
and  operation  of  the  proposed  undertaking  and  works,  and  all 
acts  and  works  necessary  and  incidental  thereto. 

Sec.  58.  Where  an  incorporated  company  has  constructed, 
in  whole  or  in  part,  a  system  of  water-works  for  the  supply  of 
any  unincorporated  locality,  and  such  unincorporated  locality 
shall  be  incorporated  into  a  municipality,  or  a  municipality 
shall  be  incorporated,  the  limits  whereof  shall  include  a  part 
of  the  area  of  such  unincorporated  locality  equal  to  at  least 
one  moiety  thereof,  the  municipality  may,  upon  giving  twelve 
months'  notice  in  writing  to  the  company,  acquire  the  source 
of  water  supply,  and  all  the  records  of  the  company,  and  the 


water-v 

with  a 

limits 

pany  oi 

(withou 

records, 

to  be  aj 

tainmeni 

foIJowinj 

I.    If 

than  five 

If  in 
twenty-fiv 
If  in  c 
twenty  pc 
If  in  oj 
a  fifteen  p 
If  in  01 
2.    Prov 
to  exercise 
j'ears  from 
pany  may  J 
"'orks  and 
t'le  amount 
expenses,  a 
enues   recei' 
working    ex 
^«nt  per  ann 
3.    In    es 
,  'ands   and    v 
''^«>  vaJuati< 
struct  such 
('t'on  in  whi 
'"e  value  of  1 

,'     ^^<^-    S9.    J 

p°nstruct  and 

l°f  unincorpoi 

r'  'n   that   b 

['"^sequent  se, 

Vy  or  compai 

J"P°"  the   lano 

y°'^s  system. 


WATER  CX.VU.SES  ACT.   .8^. 


(without  anv  rll  "*=*"  water-vvorks  system    i.°   *^*    ^«ni- 

"■an  five  yeL;:''hi;°;'*pe/^:LrK'""    """   ■"   "P'^'ion   ,e« 
twemy^v.  per  cent  bonus:  *"''  '««  "-an   ten  j,ears,   a 

•-/peT^rCr  •"-  -  -  '-  *a„  «.„„  ,„,.    , 

^  «f  "n~-  r;:,':-- «'-  -  --  .Ha„ .»...  ,„;. 

Ji  m  operation  twentv 

■2-    Provided,   however    .k""*  "^  ""'"'  »  'en  per  er„.  k 
10  exercise  ,..     .  °*"er,   that  should   such   ~  "'  '"'""»• 

years  C"!  d'f  f  «P«Priation  before  T"""""'^  ^'^'^^ 

;f  s  and  bonu's.  addUionararal"'  ""  ««•«"  v"f«e  o     h°e"r 
the  amount  acfnaiK  '  ^^  above  proviH«.ri    .  "^ 

"Penses."„dsuc^  ""'""«'  '"  '^'"'""c^on  and  r."""'  "' 

;^''  vX.r  th '-'  -'-'-oV'shrtar^^^^^^^^^  — 

h"'>seque„t  ,^.         '"    '^''  ^^rt   of  this   Tj     ''^'*^'^"  '^'  Pow 
I     !>equent  sections  of  thi«!  Paw     ^  '^'^^  contained   rin   ♦!, 

r^y  or  comDanv"'k  ^^  referred  to  as  "tu  ^       *^^ 

hpon  fh-   ,  ^^  ^'  *"^y  construct    er^nf        !      ^^*  municipal- 
°n  the   lands   held   or  used    in   /'   ^"^   "maintain   in  and 

r'  ^^^^--  -<*  -  and^u'l'LyTr::.  "   Tl'    ^^^   -"r' 

ny  stream  or  lake  from  which 


S06 


BRITISH   COLUMBIA. 


water  is  to  be  diverted  for  the  supply  of  such  water-works  sys- 
tem, all  such  reservoirs,  water-works,  and  machinery  requisite 
for  the  undertaking,  and  for  conveying  the  water  thereto  and 
therefrom,  in,  upon  and  through  any  lands  lying  intermediate 
between  the  said  reservoirs  and  water-works  and  the  streams 
or  lakes  from  which  the  same  is  procured  and  the  points  of 
distribution  in  the  municipality  or  unincorporated  locality,  by 
one  or  more  lines  of  pipes,  as  may  from  time  to  time  be  found 
necessary. 

Sec.  60.  The  municipality  or  company,  and  their  servants 
under  their  authority,  may  for  the  said  purposes  enter  and 
pass  upon  and  over  the  said  lands,  intermediate  as  aforesaid, 
and  the  same  may  cut  and  dig  up,  if  necessary,  and  may  lay 
down  the  said  pipes  through  the  same,  and  in,  upon,  through, 
over,  and  under  the  highways,  streets,  lanes,  roads,  or  other 
passages  whether  within  or  without  the  limits  of  the  munici- 
pality or  unincorporated  locality,  and  in,  upon,  through,  over, 
and  under  the  lands  and  premises  of  any  person  or  body  cor 
porate  or  politic,  within  the  municipality  or  unincorporated 
locality. 

2.  All  lands,  not  being  the  property  of  the  municipality  or 
company,  and  all  highway,  roads,  streets,  lanes,  or  other  pas 
sages  so  dug  up,  or  interfered  with,  shall  be  restored  to  their 
original  condition  without  unnecessary  delay. 

3.  The  municipality  or  company  may  set  out,  ascertain, 
purchase  in  manner  hereinafter  provided  for  the  expropriation 
of  lands,  use  and  occupy  such  parts  of  the  said  lands  as  the 
municipality  or  company  may  think  necessary  and  proper  for 
the  making  and  maintaining  of  the  said  works,  or  for  the  open- 
ing of  new  streets  required  for  the  same,  and  for  the  purchas- 
ing of  any  lands  required  for  the  protection  of  the  said  vs^orks, 
or  for  preserving  the  purity  of  the  water  supply,  or  for  taking 
up,  removing,  altering,  or  repairing  the  same,  and  for  distrib 
uting  water  to  the  inhabitants  of  the  municipality  or  unincor 
porated  locality,  or  for  the  uses  of  the  municipality  or  com  I 
pany,  or  of  the  proprietors  or  occupiers  of  the  land  through  j 
or  near  which  the  same  may  pass. 

Sec.  61.    For  the  purpose  of  distributing  water  as  aforesaid] 
the    municipality   or   company   may    sink    and    lay    down   pipe?.] 
tanks,   reservoirs,  and  other  conveniences,   and   may  from  time 
to  time  alter  all  or  any  of  the  said  works,  as  well  in  the  posij 
tion  as   in   the  construction  thereof,   as  they  may   consider  a-i 
visable. 


Sec. 

through 

railway, 

belongir 

pality   o 

"pon,   bj 

sary  or 

'n?  with 

^ay,  or 

taken    to 

ascertain] 

Sec.   6 

construct! 

by  the  m 

pany  shal 

2-  In 
outer  line 
P'ace  into 
company  ] 
P'Pes  aero 
the  owner 
service  pip 
^^^  munici 
fhat  behalf, 

3-    The 

liereinafter 

^y  the  mui 

''^'•vice  pipt 

street  as  af( 

P'^J'ty  or  coi 

°^  the  same 


WATER  CLAUSES  ACT.  ,8^. 


Sec    6      T  ^^i,  1897. 

<<•".,«  a"  Zl' tri"''l:"'-'y  "  ~"»»"y  shall    d„  '"' 

granted  to  thtm  !  L  I  °  "Mutioi,  of  the  ^™  .  "  '""^ 
'action  ,0  ,h.  o'w  "  "'""  """«  ""onab,;  ^nd"!.  ""  ""'  ^c. 
upon,   tak«  'o/:^'"  ,"'?^  other,    who«  p',;'  ""'O.-'^  •»./.. 

<h™ugh.n„oj::  uS"r":r  °'  ^"-"'"^  may  ^  d„  . 

railway,   street  r»lN  ''""S^  'he  railwav  .L  ,      ''"'*"   '". 

helongii.g  or  „e?  la^J  T  •'*'"™^   compan/  an!"""  • »'  "^ 

"Pon,  break  up,  take  „""""''   '°  ^nstrucT   and         "'""''^'■ 
^^y  or  co..ve„'l.„'f;j'-, -'  -^  -oh  land  t  Z  ^»  Z'" 

o.,i     r  ''^'^^  ^here  a  vacanf  c  ^^^^  "«  t^e  same  in  reoa^ 

~mpany  JJ    t!.'"'  "='"  ''^  >o  be  taken    .ht'^"'?'  °'  ".her 

Pipes' a«or^'„i":a«;r"""  °' "-  --  rihr'''^"' 

the  owner  nf  * ^.       ^**=^"t  space  and  chartr^  fi,      ^    "*   service 

r  ■«  pXet  tst;  -  r-  °r'"  -  •■■wi/Yar/ue'h 

the  municinaitt,,  ^"^^  's  done  to  fh^       .•  ,     '  ^"^" 


E      ! 


M- 


r  I 


I; 


5o8 


BRITISH    COLUMBIA. 


able  by  the  owner  on  demand  to  the  municipality  or  company, 
or,  if  not  so  paid,  may  be  collected  forthwith  in  the  same 
manner  as  water-rates:  Provided  that  in  no  case  shall  the  said 
expense  of  superintending  the  laying  or  repairing  of  such 
service,  if  laid  or  repaired  by  any  other  person  as  aforesaid,  ex- 
ceed one  dollar. 

Sec.  66.  The  service  pipes  from  the  line  of  street  to  the  in- 
terior face  of  the  outer  wall  of  the  building  supplied,  together 
with  all  branches,  couplings,  stop-cocks,  and  apparatus  placed 
therein,  by  the  municipality  or  company,  shall  be  under  their 
control,  and  if  any  damage  is  done  to  this  portion  of  the  serv; 
ice  pipe  or  its  fittings,  either  by  neglect  or  otherwise,  the  occu- 
pant or  owner  of.  the  lands  shall  forthwith  repair  the  same  to 
the  satisfaction  of  the  municipality  or  company;  and  in  default 
of  his  so  doing,  whether  notified  or  not,  the  municipality  or 
company  may  enter  upon  the  lands  where  such  service  pipes 
are,  and  by  their  officers,  servants,  or  agents  repair  the  same, 
and  charge  the  same  to  the  owner  of  the  premises,  as  hereinbe- 
fore provided. 

2.  The  stop-cock  placed  by  the  municipality  or  company  in- 
side the  wall  of  the  building  shall  not  be  used  by,  the  water 
tenant,  except  in  cases  of  accident,  or  for  the  protection  of 
the  building  or  the  pipes,  and  to  prevent  the  flooding  of  the 
premises. 

3.  All  parties  supplied  with  water  by  the  municipality  or 
company  may  be  required  by  the  municipality  or  company  to 
place  only  such  taps  for  drawing  and  shutting  off  the  water  as 
are  approved  of  by  the  municipality  or  company. 

Sec.  67.  Any  person  authorized  by  the  municipality  or  com- 
pany for  ^iiat  purpose,  shall  have  free  access,  at  proper  hours 
of  the  C.y,  and  upon  reasonable  notice  given  and  request 
made,  to  all  parts  of  every  building  cr  other  premises  in  which 
water  is  delivered  and  consumed,  for  the  purpose  of  inspecting 
or  repairing  as  aforesaid,  or  for  plaoing  meters  upon  any  serv- 
ice pipe  or  connection  within  or  without  any  house  or  building 
as  may  be  deemed  expedient,  and  for  this  purpose,  or  for  the 
purpose  of  protecting  or  of  regulating  the  use  of  any  such 
meter,  may  set  or  alter  the  position  of  the  same  or  of  any 
pipe,  connection  or  tap,  and  may  fix  the  price  to  be  paid  for] 
the  use  of  any  such  meter,  and  the  times  when  and  the  man- 
ner in  which  the  same  shall  be  payable,  and  may  also  charge  I 
for   and   recover   the    expenses    of    such    alterations;     and   such] 


price  i 
the  sai 
Sec. 
tiistnbi 
poses  V 
shaJI  fij 
"lents; 
and   in 
'nanner 
w'lich  th 
or  rent 
<'''ants  01 
2.    Su< 
house,   tei 
"«•  ^or  the 
Act,   and 
<Jue    the 
tenement  < 
collected   ii 
kw  recovei 
3s  a  debt  I 

Sec.    6g. 
time  make 
t'ons  for  th 
duct   of  the 
fmp/oyed   in 
^^t'  and  fo, 
"t^.  and   foi 
'■''^''-e  the  sa, 
I     '•    And  al; 
IT  of  defau 
y^^he  water. 

If^  hereinbef 
r  ^'>n   upon 

I  "d  unpaid,  a, 
Foresaid,    the  ; 
l-rncd   by   the 
ty^y.  at  su< 
r'""  in  that 
^'  ^3te  of  ten 


"••^■'•EH  CLAUSES  ,ur     ^ 

'^^  '.  1807. 


'['"'  and   the  exoen,       ,  ''   "^^• 

<''e  same  mann!  •"  °^  ««ch  nit.r«.j  *^ 

S-c.    68     The     "'  ^^^^r-rates."^"'^"""   "'-y   be  collected 
d'strlbution  o   ^      '"""'cipality   „r  '" 

collected   in    J.I,  "^  '"ay  by  th^         charge  on    such    h 

'^  »  ".b.  by  » ■i,"'^^  ;'  due  .„  ,h,  •  ^^««  and   ,  ^^   "^ 

■•"^  °f  the  s^rf  maintenance  or  Th.      '  '''''"•  and  reemL 

r'"°^'<f  in  "leZt""''.'-  '""^'tZT'^"'""  -»„: 

'*"•  and  for  the  S    "  •"'"'  "'««,   not   '  .       •"'•   ='"'   others 

""•■•^  the  same  shall  h.         '  *""  '™es  ^t "  ^"V  and  „„», 

,     -'•    And  also  for  ailol'"''*'"*-  ^"''   ""  P'aces 

l"se  of  default     V  allowing  a  disconn.  , 

J  ;•    And  in  the  ^Z.'T"  ^  !■««(« before   „  """^    '"validate 

r"""^'  at  such  tte     '"  ""    '«as„rer  of    rr^  '''^"   •>«  rt 
ra..  in  tha,  beha"   andT  '"  "^d  by  the ""    "■""■o'Pality 
h  -te  of  ten  Per ';e«'p  ^'  '-=•  'o^'th^r^th""?!"'^  ^^ 
I  annu„   thereon,   sh  ^  'Zt^^: 


510 


BRITISH   COLUMBIA. 


be  collected  by  such  treasurer  by  the  sale  of  the  lands  and 
premises  in  the  same  manner  and  subject  to  the  same  provi- 
sions as  in  case  of  the  sale  of  lands  for  arrears  of  municipal 
taxes. 

Sec.  71.  The  municipality  or  company  shall  not  be  liable 
for  damages  caused  by  the  breaking  of  any  service  pipes  or 
attachment,  or  for  any  shutting  off  of  any  water  to  repair 
mains  or  to  tap  the  mains,  if  reasonable  notice  of  the  intention 
to  shut  off  the  water  is  given  whenever  the  same  is  shut  off 
more  than  six  hours  at  any  one  time. 

Sec.  72.  All  materials  procured  or  partly  procured  under 
contract  with  the  municipality  or  company  and  upon  which  the 
municipality  or  company  shall  have  made  advances  in  accord- 
ances with  such  contract,  shall  be  exempt  from  execution. 

See.  73.    The  municipality  or  company  shall  have  power  and 
authority   to    supply,   upon    special   terms,    any    corporation   or 
persons  with   water,   although   not   resident   within  the   munici- 
pality,  or   unincorporated   locality,   and   may   exercise   all   other 
powers  necessary  to  the   carrying  out  of  their  agreement  with 
such    corporation    or    persons,   as   well    without  as  within    the 
municipality    or     unincorporated     locality,    and     they    may   also 
from  time  to  time,   make  and  carry  out  any   agreement  which 
they  may  deem  expedient  for  the  supply  of  water  to  any  rail- 
way company  or  manufactory,  whether  such  water  be  supplied 
within   or  without  the   municipality  or   unincorporated   locality. 
Sec.   74.    The   municipality  or   company  may   dispose   of  any 
real   or   personal     property   acquired   for   water-works     purposes 
when  no  longer  required,  and  until  sold,  may  rent  or  lease  the 
same;  any  property  so  sold  shall  be  iri^  from  any  charge  or 
lien  on  account  of  any   debentures  issued  by  the  municipality 
or  company,  but  the  proceeds  of  the  sale  shall  be  added  to  and 
form  part  of  the  fvnd  for  the  redemption  and  payment  of  any 
debentures   constituting    a   charge   thereon,   or   should    no   such 
debentures  then   exist,   then  the   said   proceeds   shall  form  part 
of  the  general  funds  of  the  said  municipality  or  company,  and 
may  be  applied  accordingly. 

2.  In  case  credit  is  given  for  any  portion  of  the  purchase 
money  of  such  real  property  the  said  municipality  or  com- 
pany may  take  security,  by  way  of  mortgage  to  secure  the 
same,  and  the  municipality  or  company  shall  h'%ve  all  the 
rights,  powers,  and  remedies,  expressed  in  or  implied  by  any 
mortgage  given,   as  fully  as  if   such   mortgage  had   been  given 


to   a   pr 

ceeds  th 

stituting 

Sec.    ;,, 

f"ne,  ma 

nature  oi 

ties   to   VI 

price    or 

other  mat 

it  may  be 

in  order  t 

incorporat( 

■ind  whole 

"Pon  the  I 

supplied. 

Sec.  76. 
acts  :— 

(a.)  vViJ 
or  procures 
company,  o 
"'orkmen,  01 
"nd  authorit 
(b.)  Wijf 
so  tJiat  the  < 

,      ^<^-)    ^^in, 

htherwise  sui 

■^"s  or  dispc 

""ts  it  to  be 

I'/ie  benefit  of 

\K  or  wrongf 

J    W-)    Not  I 

rompany,  and 

I  authorized  in 

b  obstructs   t 

r''  pipe,   or  J 

r^;^riai,  rubbi 

\J'-)    Throws 
per  into  the 
fch  water  is 
7<s  any  wii-ful 
»'  encourages  1 
^^^    Wilfully 


t 


--■'■'^'<cu^vs,s.,cr.,s.,, 


'"  a  private  person    ,  ^  '^'-  S.i 

f'"--   or  prices  ",^  1°  ^^°™  *he  same  shln.!"''"'"^  °^  Par- 
other  matter  or  tfam^     ^"^'^^  therefor    and  el  l""""^'^^^'   the 

'"  o^cler  to  secure  tolrr  *°  ^'''-^^t.  reTuIat,   ''^::'^'  '•^^•<^^ 
"ncorporated  JocajU  '"habitants  of  the^?   •  °'"  ^«ermine. 

^nd  wholesome  water'  '"f '""^^  ^«d  abundam"'"''',"*^  °^  ""■ 
"Pon  the  municipal  tv  '""^  *°  ^^^^"^t  the"^^"*  f^PP^y  of  pure 
supplied.  ^'P^^'*>  ">'  company  with  rLL!       "J?  '^^  ^^^"^s 

acts:-  *"^  P^'-son  does  or  comm". 

^«>     VVilfully  or  m  r  .  "'  °'  *'^  ^^"-""^ 

°^  procures  to  be  hT'J'''""^^^  ^'«<i«-s  or  i„,. 
^^'npany.    or    the'r    !?^'^  °'  '"^errupted  1?"^'^'  "^  <=-"«es. 
^°r^'n,e„,  or  any  of  ,r'"'?'"'    <=°«tractors      !  "^""'^^Pality  o; 
-d  authorities  fnth' Act"  *'.^  ^^---  of  a„roTll:     ^^^"*^' 

I  ^0  It  t^lt  °^  -'^^-^^"^^^^^^^  -<^^-Tai::;.^^  — 

^^-^  Belnro^cur  ^^'^^^^  -  "-let/o'u  ':f  r^  --  water 
h^'^^^wi^e  supphed  S^^'  *""""^'  or  inma"e  nf  ^'  '^'^  ^<^'-ks: 
h  °^  <iisPose  ofT  ^^^^^  '^y  the  munti.rf.  ""^  ^0"se  or 
r'^«  it  to  be  tak-!  "'"  ^^»^^  thereof,  or  J. J^^^-^/^  «*•  company 

b^  benefit  of  othe  s"..r'^'  ^-^'  o'uf  s"   «  '"^^'  '^^  P- 
h-  °^  wrongful  V  nl  ;     "^  ^">^  °ther  than  hi.  ^^^^'^^  't  to 

^^•)    Not   bX"rf  r  °'  '"^P-P^  w    te?"  "^^  -  »>-e. 
r^'npany,  and  not  hi     ^   «»npJoyinent   of  fh!  "^^^"^^ 

h  °^struct:^  tn,  :t'  ^'^""^  «P-  or'^o  e?f  ^  ?^  ^"^3^ 
r^^'  pipe,   or  hydrim     u"'"   *°   ^"^  hydrant     !.       "^  ^^^^^-^nt,      , 

^«)    W?C;'',';„^f=^;;°  be  done:     •  ""'"'^'  P""".  or  wa.er' 


SI'S 


BRITISH    COLUMBIA. 


upon  any  service  pipe  or  connected  therewith,  within  or  without 
any  house,  building,  or  other  place,  so  as  to  lessen  or  alter  the 
amount  of  water  registered  thereby,  unless  specially  authorized 
by  the  said  municipality  or  company  for  that  particular  pur- 
pose and  occasion: 

(g.)  Lays  or  causes  to  be  laid  any  pipe  or  main  to  com- 
municate with  any  pipe  or  main  of  the  said  water-works,  or 
wrongfully  takes  or  appropriates  to  his  own  use  any  water  from 
any  public  ar  private  tap,  or  in  any  way  obtains  or  uses  any 
water  of  the  said  water-works  without  the  consent  of  the  said 
municipality  or  company: 

(h.)  Bathes,  or  washes,  or  cleanses  any  wool,  cloth,  leather. 
skins  or  animals,  or  places  any  nuisance  or  offensive  thing 
within  or  near  the  source  of  supply  for  any  water-works  system 
in  any  lake,  river,  stream,  source  or  fountain  from  which  the 
water  of  the  said  water-works  system  is  obtained,  or  conveyr. 
or  casts,  causes,  throws,  or  puts  any  filth,  dirt,  dead  carcasses. 
or  other  noisome  or  offensive  thing  therein,  or  causes,  '^ermits 
or  suffers  the  water  of  any  sink,  sewer,  or  drain  to  run  or  be 
conveyed  into  the  same,  or  causes  any  other  thing  to  be  done 
whereby  the  water  therein  may  be  in  anywise  tainted  or  fouled: 

Such  person  shall,  for  any  such  act,  upon  summary  convic- 
tion be  liable  to  a  penalty  not  exceeding  two  hundred  and 
fifty  dollars,  together  with  the  costs  and  charges  attending  the 
proceedings  and  conviction. 

Sec.  JT.  It  shall  be  the  duty  of  the  municipality  or  com- 
pany to  provide  a  sufficient  supply  of  water  for  the  use  of  the 
municipality  or  unincorporated  locality  in  the  prevention  and 
extingu!shraent  of  fires,  and  for  such  purpose  to  provide, 
equip,  place  and  maintain  a  sufficient  number  of  hydrants  in 
such  places  as  may  be  most  readily  available  for  such  purpose, 
and  the  same  to  keep  supplied  with  a  sufficient  quantity  and 
force  of  water. 


WATER  CLAUSES  ACT,  1897. 


$13 


IV. 

THE  ACQUISITION  OF  WATER  FOR  INDUSTRIAL  OR 

MANUFACTURING  PURPOSES  BY  COMPANIES  EN- 

TITLED    UNDER    THEIR  TERMS  OF  INCORPO- 

RATION    TO   AVAIL   THEMSELVES   OF   THE 

PROVISIONS   OF  THIS  PART. 

Sec.  78.  Any  specially  incorporated  company  throughout 
this  part  of  this  Act  referred  to  by  and  included  in  the  expres- 
sion  "power  company"  may  acquire,  have,  hold  and  exercise 
the  rights,  powers,  privileges  and  priorities  in  and  by  this 
part  of  this  Act  created,  provided  and  conferred,  upon  and 
subject  to  the  terms  and  conditions  in  this  part  of  this  Act 
•^ntaJned. 

cc.  79.  The  power  company  sliall  be  incorporated  for  and 
'he  objects  of  the  company  shall  be  restricted  to  the  acquisi* 
tiou  of  water  and  water-power  by  records  of  unrecorded  water, 
or  by  the  purchase  of  water  records  or  water  privileges  for, 
a:id  the  application  of  such  water  and  water-power  to  all  or  any 
of  the  purposes,  and  in  any  of  the  manners  and  methods  fol- 
lowing : 

Sec.  So.  For  rendering  water  and  water-power  available  for 
use,  application  and  distribution  by  erecting  dams,  increasing 
the  head  of  water  in  any  existing  body  of  water,  or  extending 
the  area  thereof,  diverting  the  waters  of  any  stream,  pond,  or 
lake  into  any  other  channel  or  channels,  laying  or  erecting 
any  line  f  fAume,  pipe,  or  wire,  constructing  any  raceway, 
reservoir  v'tie  "lUCt,  Vveir,  wheel,  building,  or  other  erection  or 
work  ',.1  t ;  li.^'  be  required  in  connection  with  the  improve- 
ment ana  a.'  ■■-  ji  the  said  water  and  water-power,  or  by  alter- 
ing, renewing,  t.  ...ending,  improving,  repairing,  or  maintaining 
any  such  works  or  any  part  thereof. 

Sec.  81.  The  use  of  water  or  water-power  for  hydraulic 
I  mining  purposes,  for  general  irrigation  puiposes  within  a  de* 
tined  locality  or  district,  and  for  milling,  manufacturing,  indus- 
trial and  mechanical  purposes  other  than  the  generation  of 
I  electricity. 

Sec.  :\,.  The  use  of  water  or  water-power  for  producing  any 
jiorm  of  •  ^er  or  for  producing  and  generating  electricity,  for 
I'he  purports  01  light,  heat,  and  power;  and  for 

(a.)    Constructing,  operating,  and  ma'ntaining  electric  works, 
33 


i 


514 


BRITISH   COLUMBIA. 


power  houses,  generating  plant,  and  such  other  appliances 
and  conveniences  as  are  necessary  and  proper  for  the  generat- 
ing of  electricity  or  electric  power,  or  any  other  form  of  de- 
veloped power,  and  for  transmitting  the  same  to  be  used  by 
the  power  company,  or  by  persons  or  companies  contracting 
with  the  power  company  therefor,  as  a  motive  power  for  the  op- 
eration of  motors,  machinery  or  electric  lighting  or  other  works, 
or  to  be  supplied  by  the  power  company  to  consumers  for 
heating  or  as  a  motive  power  for  propelling  tramways,  or  for 
driving,  hauling,  lifting,  pumping,  lighting,  crushing,  smelting, 
drilling,  and  milling,  or  for  any  other  operations  to  which  it 
may  be  adapted,  or  to  be  used  or  supplied  for  or  in  connec- 
tion with  any  othi  purposes  for  which  electricity  or  electric 
power  may  be  appi  :  required. 

(b.)  Placing,  sinki:  laying,  fitting,  maintaining,  and  re- 
pairing electric  lines,  accumulators,  storage  batteries,  electric 
cables,  mains,  wires,  pipes,  switches,  connections,  branches, 
electric  motors,  dynamos,  engines,  machines,  or  other  appa- 
ratus or  devices,  cuts,  drains,  water-courses,  pipes,  poles,  build- 
ings and  other  erections  and  works;  and  erecting  and  placing 
any  electric  line,  cable,  main,  wire,  or  other  electric  apparatus 
above  or  below  gromd: 

(c.)  Constructing,  equipping,  operating  and  maintaining 
electric,  cable,  or  other  tramways  or  street  railways  for  the 
conveyance  of  passengers  and  freight: 

(d.)  Constructing,  equipping,  operating  and  maintaining 
telegraph  and  telephoiie  systems  and  lines. 

Sec.  83.  The  supplying  of  compressed  air,  electricity  and 
electric  power,  or  any  other  form  of  developed  power,  to  con- 
sumers for  any  purposes  to  or  for  which  compressed  air,  elec- 
tric power,  or  any  other  form  of  developed  power  may  be  ap- 
plied or  required. 

Sec.  84.  The  power  company  may,  upon  the  day  or  at  any 
time  after  the  day  upon  which  its  Memorandum  and  Articles 
of  Association  shall  be  executed  in  accordance  with  the  pro- 
visions of  the  "Companies'  Act,  1897,"  apply  for,  and  may 
acquire  and  use  records  of  unrecorded  water  in  manner  pro- 
vided by  section  9  of  this  Act  for  obtaining  records  of  un- 
recorded water  for  domestic,  mining  and  agricultural  purposes. 

2.  It  shall  be  sufficient  for  the  power  company  in  posting 
and  forwarding  the  notice  of  application  by  said  section  9  pre- 
scribed,  in   lieu   of   describing   the   lands   on   which   the   water 


plied 

of  n 

Lieui 

Se 

the  <:, 

ecutiv 

(aO 

tion,   , 

Comps 

(b.) 

place, 

power 

be  exer 

(c.) 
^ar  as  1 
^vorks  o 

(d.) 
water  aj 
tJie  com] 
descripti/ 
fo  be  dv 
Hater  is 
'"ng  powe 
is  to   be 
point  of  < 

(e.)    A 
water  in 

(f.)    A 
^nd   Gold 
"y.  place  c 
such  strear 
^y  the  pov 
°rds  have 

(S.)  A  , 
°^  the  lands 
company   d 

undertaking 
,   (h.)    A  s 

"°"  vvhereoi 
Pan.v.  ^ 

('•)    A  sti 


WATKR  CLAUSES  ACT.  ,8,,. 


i^.  intended  to  be  „«d    ,„  ■  '  S.S 

(d.)    A  staf     '  ^^'"P^ny-  undertaking  and 

^g)    A  statement   of  th.       •    . 

:r."""°" -"-  -^^^^^^^^^^  and  „pe„. 

(i )     A     *  X  *  power  com- 

^'•''    A  statement  of  the  •«♦• 

'   tne   estimated   cost  «*  *i- 

""'*  °^  *^e  undertaking 


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BRITISH   COLUMBIA. 


and  works,  including  water  and  lands  to  be  purchased,  the  con- 
struction and  operation  whereof  is  to  be  presently  undertaken 
by  the  power  company. 

(j.)  And  generally  a  complete  statement  of  all  facts  and 
matters  necessary  to  fully  inform  the  Lieutenant-Governor  in 
Council  as  to  the  purposes  and  undertaking  of  the  power  com- 
pany, and  of  all  matters  and  things  affected  by  or  relating 
thereto. 

Sec.  86.  Upon  the  filing  of  the  documents  aforesaid,  the 
Lieutenant-Governor  in  Council  may  either  require  further  evi- 
dence or  may  direct  references  to  be  had  or  inquiries  to  be 
made,  and  may  approve  the  proposed  undertaking  of  the  com- 
pany as  submitted,  or  may  limit  to  such  an  extent  as  may  in 
the  public  interests  be  deemed  advisable  the  area  within  which 
the  corporate  powers  of  the  power  company  with  respect  to  its 
undertaking  and  works  are  to  be  exercised,  or  the  amount  of 
unrecorded  water  which  the  power  company  may  record,  or  the 
amount  of  recorded  water  or  of  lands  which  the  power  com- 
pany may  purchase,  and  generally  may  impose  upon  such  power 
company  all  such  restrictions,  limitations  and  conditions  as  the 
Lieutenant-Governor  in  Council  may  deem  necessary  or  ex- 
pedient. 

Sec.  87.  Z.h::  Lieutenant-Governor  in  Council  may  issue  to 
the  power  company  a  certificate  setting  forth  that  the  proposed 
undertaking  of  the  power  company,  as  submitted,  has  been 
approved,  or  that  the  same  has  been  approved  subject  to  the 
restrictions,  limitations  and  conditions  in  such  certificate  set 
forth  and  contained. 

2.  The  certificate  shall  fix  the  amount  of  capital  of  the 
power  company,  which  shall  be  duly  subscribed  before  the 
power  company  commences  the  construction  of  its  undertak- 
ing and  works  and  exercises  any  of  the  powers  in  that  behalf, 
in  this  Part  of  this  Act  contained;  or  the  amount  of  capital 
which  shall  be  so  subscribed  in  respect  of  any  specified  portion 
of  such  undertaking  and  works,  and  the  further  amount  of  cap- 
ital which  shall  be  so  subscribed  and  actually  available  above 
the  cost  of  such  first-mentioned  portion,  in  respect  of  the 
remainder  or  of  each  further  specified  portion  of  such  under- 
taking and  works,  before  the  same  is  commenced. 

3.  Such  certificate  shall  also  fix  the  time  within  which  the 
portion  of  the  capital  is  to  be  subscribed  in  respect  of  the  sped 
fied  portion  of  such  undertaking  and  works  in  such  certificate 


dea 

con 

be  i 

for 

and 

takin 

twelv 

the    I 

shall 

that  t 

4.    , 
Cieric 
shalJ  b 
panics, 
Articles 
printed 
and  Art 
'n?  of  t 
S.    A 
in  the  B 
or  circuii 
^^'orks  art 

^e  filed  u 

sioner  hav 

Sec.    88. 

*"e  same 

with  and 

*'cies   of  J. 

^s  ^rom  thei 

'^S^^ds  thel 

P^i'ated  by  f 

^'•andum  ail 

^'%  o„;y  J 

,^°"ncilofa 

?  ^.^-eof,  an 

^^^'strar    off 

'"^^e  with   thj 

''?"'>e  and  si 

'^'^'%es  and 


^V  ATER  CLAUSES  ACT.  .«,, 


'"king  and  worlf .  *    ''  ""  «»«  specifi.d  „    .       '"   "^P'"  of, 
•»"ve   ™o„rh°     al".  '"'^  «"'fica,e  deal,  TI  T  .l'  "■'  ""<'"- 

'^  "ndertaWn;  a„d  '"  "."""'  <"  'h^  re™li^  '  ""'  '««<» 
sliall  be  p,„crfh-H  1  """■''*  ^h""  not  exZ^^  Portions  of 
'hat  behar"'"'  ""^  "«  J^-^^nantcovernt """.  ""'^    » 

'"«"  ".rfij  'd'  if  X"  oi;  '^°'-"  "-     't  Tear  '"•.'■-^  <"  ">e 

Articles  of  Asso^,».  ^  *""  ""ached  to  ih.  w  '  ®'°<='<  Com- 
Printed  with  a„Tr  "'  """  "  "PX  of  "„' h  '^"""""dum  a^d 
""i  Articles  o?  a1°""-  "="  "'  ""y  copfo?  ""L""'^''  ^hall  be 

:^^-r  If™  °"  -  --^-^  ^"=  ^C'^^* 

"'  fi'«<i  in  the  offices  of 7"''"'^'    ««'fied    as',f 
'■oner  having  terrTtorial;  "■^!=°"'""^''ioner  and   r  m""'    ^'""1 
„  S«-    88.    Upon    thl     '""^'"'(■■on  in  resnect^,  ?."'''  Commis- 
"1=  "me  shall  as  tl      ^"'""'"«  «»d  filinr„f      "''  ="'''  ""a- 
""h  and  be  dee^d  ,o  ,"^  "'"  '"<»  "ndftion  th""'  .""'«"'= 
as  irom  the  daf*.  ^r        .       ^  company    a»,^   ..      •*"<^um  and  Ar- 
-^-"s  the  «;„/";/  ,'-"fica.e'  be'deeldt  r""^"^  ^^^"> 
Porated  by  specia    1  /    "  «"-Porate  poj.^!    '°  ""  ">  ^<>  far  a^ 

'"'  °n>y  .0  .he  tet,,ld''°""'°"-  and  under",t'  'i"  *'""■ 
_  Sec  89.    Upon  thT„        .~'"litions  of  such      '    i  '^<=''  ^"b- 
CouncilofacerfVfi     '  granting  by  ih.   r-     .      "rtificate. 
•^"'  <»•  of  a  ft!i^"'  "■"'"  the  ProviLt    "'/"""'■'^"''"nor  in 
!"  hereof   an/"  «««ca,e  under  ^  ""="°"  «7  «'  th  « 

«^««ra°^T''jJ„rs^.''"''''«™»    nd'fiC'r^  »'  - 
,  »"".  With  the  te^s  anS     '^°'»P«i«.    and  "uh     I~'  """■  ">* 

«?"'re  and  shanTa^    ?  5?°'""°"»  'hereof    .h^'"'    '"    "-npH- 
I  "-'=««  and  pilots;  fandl  T'-'^^  "''  'he'r^rT  "^^ 

'  "'  ""^  ^-!  <"  'his'lc.'  gTnred^ 


5i8 


BRITISH   COLUMBIA. 


■ 


and  conferred,  so  far  as  such  rights,  powers,  privileges  and 
priorities  are  under  the  Memorandum  and  Articles  of  Associa- 
tion, and  in  the  discretion  of  the  power  company  necessary  for 
the  purposes  of  the  power  company  in  the  construction  and 
■operation  of  the  proposed  undertaking  and  works  of  the  power 
company,  and  all  acts  and  work<i  necessary  and  incidental 
thereto. 

2.  Forthwith  upon  the  6iing  in  his  ofHce,  in  accordance 
with  the  provisions  of  section  87  hereof,  of  a  certified  copy  of 
any  such  certificate,  the  Commissioner  and  Gold  Commissioner 
shall,  wherever  necessary,  amend  the  water  records  acquired  by 
the  power  company  so  as  to  accord  with  the  provisions  of  such 
certificate. 

Sec.  90.  From  time  to  time,  as  occasion  may  require,  after 
the  granting  of  a  first  certificate  in  manner  aforesaid,  the  power 
company  may  apply  to  the  Lieutenant-Governor  in  Council  In 
manner  provided  by  section  85  of  this  Act,  for  a  further  certif- 
icate in  respect  of  the  remainder  or  of  any  further  specified 
portion  of  the  undertaking  and  works  of  the  power  company, 
the  construction  and  operation  whereof  is  then  intended  to  be 
presently  undertaken  by  the  company,  and  the  Lieutenant-Gov- 
ernor in  Council  may  grant  to  the  power  company  a  further 
certificate  in  manner  and  to  the  effect  in  sections  86,  87, 
as  and  89  of  this  Act  mentioned  and  provided;  and  every  such 
further  certificate  shall  be  filed  and  published  in  manner  pro- 
vided for  the  filing  and   publication  of  the  first   certificate. 

2.  The  first. aggregate  period  of  twelve  months  hereinbefore 
provided  in  respect  of  the  first  specified  portion  of  the  under- 
taking and  works  shall  not  be  extended  under  any  circum- 
stances, and  no  period  of  time  fixed  by  any  certificate  granted 
±0  the  power  company  shall  be  extended  upon  application  made 
after  such  time  has  elapsed,  except  on  condition  that  such  ex- 
tension shall  be  subject  to  any  intervening  record  acquired,  or 
any  record  thereafter  acquired  upon  an  application,  notice 
whereof  was  given  after  the  expiry  of  such  time  and  before 
such  extension. 

3.  Upon  any  application  made  under  this  section,  and  be- 
fore the  expiry  of  the  time  fixed  in  that  behalf  by  the  said 
first  certificate,  or,  subject  to  the  provisions  of  sub-section  (2) 
cf  this  section,  the  Lieutenant-Governor  in  Council  may  vary, 
.add  to,  abridge,  alter  or  amend  the  terms  and  conditions  of 
ihe  said  first  certificate,  and  may  extend  or  abridge  the  times 
fixed  and  appointed  therein. 


WATER  CLAUSES  ACT,  1897. 


S19 


Sec.  91.  The  rights,  powers,  privileges  and  priorities  which 
shall  be  acc^uired,  had,  exercised,  and  enjoyed  by  the  power 
company  for  the  purposes  of  its  undertaking  and  works  shall, 
so  long  as  the  same  are  used  for  such  purposes,  be  vested  in 
the  power  company. 

Sec.  92.  Any  person  through,  or  upon,  whose  lands  the 
undertaking  and  works  of  the  company  are  intended  to  be 
placed  or  constructed,  in  whole  or  in  part,  or  any  company 
whose  works  will  be  paralleled  by  the  proposed  works,  may, 
within  the  time  and  in  the  manner  appointed  by  the  Lieu* 
tenant-Governor  in  Council  in  that  behalf  by  rules  and  regu* 
lations  under  this  Act,  give  notice  in  writing,  stating  that  he 
objects  to  the  construction  and  operation  of  the  proposed  un* 
dertaking  and  works  of  the  power  company,  in  whole  or  in 
part,  and  such  objection  shall  be  heard  by  the  Lieutenant- 
Governor  in  Council,  who  shall,  after  hearing  evidence,  upon 
oath  if  required,  determine  the  same,  and  may  in  respect  of  the 
matters  made  to  appear  upon  the  hearing  of  such  objection, 
impose  upon  the  power  company  such  conditions,  if  any,  as 
he  sees  fit.  A  certified  copy  of  the  Order  in  Council  deter- 
mining the  objection  shall  be  transmitted  to  the  Registrar  of 
Joint  Stock  Companies,  and  to  the  Commissioner  and  Gold 
Commissioner  having  territorial  jurisdiction  in  the  locality  or 
place  affected  thereby. 

Sec.  93.  The  power  company  shall,  subject  to  and  under 
and  pursuant  to  the  terms  and  conditions  of  its  Memorandum 
and  Articles  of  Association,  and  also  subject  to  and  under  and 
pursuant  to  the  terms  and  conditions  of  every  certificate  and 
Order  of  the  Lieutenant-Governor  in  Council  in  respect  there- 
to, be  entitled  to  avail  itself  of  and  be  subject  to  all  the  pro- 
visions hereinafter  in  this  part  of  this  Act  contained  so  far  as 
the  same  are  applicable  to,  and  may  be  applied  to  the  under- 
taking and  works  of  the  power  company,  in  whole  or  in  part, 
and  to  the  exercise  by  the  power  company  of  its  corporate 
rights,   powers,   privileges  and  priorities,   or  any  of  them. 

Sec.  94.  The  privileges  and  powers  by  this  Part  of  this  Act 
granted,  are  subject  to  the  following  provisions: — 

(a.)  The  power  company  shall  not  interfere  with  the  public 
right  of  traveling  on  or  using  such  roads,  streets,  highways  or 
water-courses,  and  shall  not  do  any  unnecessary  damage,  nor 
in  any  way  obstruct  the  entrance  to  any  door  or  gateway,  or 
<ree  access  to  any  building  erected  in  the  vicinity.      The  power 


l-.^i 


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$20 


BRITISH   COLUMBIA. 


company  shall  not  affix  within  or  without  the  corporate  limits 
of  any  municipality  any  wire  less  than  twenty  feet  above  the 
surface  of  the  street  or  road,  nor  erect  more  than  one  line  of 
poles  along  any  road  or  street  without  the  consent  of  the  munic- 
ipality. In  every  municipality  the  poles  shall  be  as  nearly 
as  possible  straight  and  perpendicular,  and  shall  be  painted,  >t 
so   required   by   any   by-law   of   such    municipality. 

(b.)  Whenever,  in  case  of  fire,  it  becomes  necessary  for  its 
extinction,  or  the  preservation  of  property,  that  the  poles  or 
wires  should  be  cut,  the  cutting  under  such  circumstances  of 
the  poles  or  any  of  the  wires  of  the  power  company,  under  the 
directions  of  the  chief  engineer  or  other  officer  in  charge  of 
the  fire  brigade,  shall  not  entitle  the  power  company  to  de- 
nland  or  claim  compensation  for  any  damage  thereby  incurred. 
The  power  company  shall  be  responsible  for  all  damage  which 
its  agents,  servants,  or  workmen  cause  to  individuals  or  prop- 
erty in  carrying  out  or  maintaining  any  of  its  undertakings 
and  works. 

(c.)  Within  the  limits  of  any  municipality,  the  opening  up 
of  streets  for  the  erection  of  poles,  or  for  carrying  the  wires 
underground,  shall  be  subject  to  the  direction  or  approval  of 
the  engineer  or  such  other  official  as  the  municipality  appoints, 
and  shall  be  done  in  such  manner  as  the  municipality  directs; 
the  municipality  may  also  direct  and  designate  the  places  where 
the  poles  are  to  be  erected  in  such  municipality;  in  an  unincor- 
porated district  such  works  shall  be  subject  to  the  supervision 
and  approval  of  the  Chief  Commissioner  of  Lands  and  Works. 
(d.)  The  surface  of  the  street  shall,  in  all  cases,  be  restored, 
as  far  as  possible,  to  its  former  condition  by  and  at  the  expense 
of  the  power  company. 

Sec.  95.  The  power  company  may  and  is  hereby  authorized 
and  empowered  to  transmit  and  distribute  compressed  air,  elec- 
tric power,  light  and  heat. 

Sec.  96.  The  power  company  shall  have  power  to  construct, 
maintain,  complete,  and  operate  a  single  or  double  track  tram- 
way, or  any  aerial  or  other  tramway  or  tramways,  with  the 
necessary  side-tracks  and  turnouts  for  the  passage  of  cars, 
teams,  carriages,  and  other  vehicles  adapted  to  the  same,  and 
to  build  bridges,  and  erect,  acquire,  and  maintain  telegraph 
and  telephone  poles  upon,  and  along,  and  above  any  lands  or 
highways  in  the  said  Province  which  are  in  the  line  of  the 
tramway   intended  to   be   built   by   such   power   company,   sub- 


WATER  CLAUSES  ACT,   1897. 


S«» 


ject,  in  so  far  as  the  same  passes  over  or  along  any  highways, 
to  the  permission  and  under  the  supervision  of  the  Chief  Com 
missioner,  who,  if  he  shall  see  tit  to  give  permission  to  operate 
on   any   highway,   shall   fix   the   location   of   the   tramways   over 
the  said  highways  between  the  said  points,  and  may  direct  the 
paving,    macadamizing,    repairing,    and    grading    of    such    high- 
ways,  and    the    construction,    opening    up,   and    repairing    of 
ditches  or  drains  along  or  across  the  said  highways  and   front 
time  to  time  may  give   such  directions  as  he  may   see  fit  and 
proper   for   the   due   protection  and   convenience   of  the   publicr 
and  the  maintenance  and  preservation  of  public  roads  and  high- 
ways,   but    in    so    far   as    the   tramway,    telegraph    or   telephone 
passes  through  or  lies  within  the  limits  of  any  municipality,  to 
the  assent   of   the   Council    of    such   municipality,    and    to    sucb 
regulations     and     conditions,     modifications,     changes,    matters, 
and  things   as  such   municipality   may,    from   time   to   time,    by 
by-law  enact.      The  power  company  shall  have  power  to  take,, 
transfer,    and   carry   passengers   and   ore,    minerals   and   freight, 
upon  their  tramway  by  the  force  or  power  of  animals,  or  such 
steam,   electric,   water,  or  other  motive   power  as  the   company 
may  deem  expedient. 

Sec.  97.  The  power  company  shall  have  power  to  construct 
telegraph  and  telephone  lines  and  may  establish  ofHces  for  the 
transmission  of  messages  for  the  public,  and  make  rates  and 
collect  tolls  for  the  use  thereof  by  the  public,  and  to  do  such 
other  things  as  may  be  necessary  to  fully  and  completely  carry 
on  and  operate  such  works,  and  for  the  purposes  of  erecting 
and  working  such  telegraph  and  telephone  lines  the  power  com- 
pany may  enter  into  a  contract  with  any  other  company,  for- 
eign or  domestic,  or  may  lease  any  of  the  company's  lines  or 
any  portion  thereof. 

Sec.  98.  The  power  company  shall  have  power  to  construct 
and  maintain  buildings,  erections,  reservoirs,  wheels,  wcirsr 
I  dams,  raceways,  aqueducts,  viaducts,  tramways  and  all  other 
necessary  works  connected  therewith  for  making  the  wattr- 
power  available  and  utilizing  and  improving  and  increasing 
the  water  privileges  from  time  to  time  acquired,  held  and  used 
I  by  the  power  company. 

Sec.  99.  The  power  company  shall  have  power  to  erect, 
I  construct,  operate  and  maintain  electric  works,  power  housesr 
[generating  plant,  and  such  other  appliances  and  conveniences 
hs  arc   necessary   and    proper    for   the   compressing   of    air,    the 


I      I: 


)l 


J  ii 

■m         ;    M 


«!2J 


BRITISH    COLUMBIA. 


generating  of  electricity  or  electric  power,  and  for  transmitting 
such   compressed   air,    electricity  or   electric   power   to   be   used 
by  the  power  company  as  a  motive  power  for  the  operation  of 
motors,   machinery,   or   electric   lighting   or  other   works   of  the 
company  or  to  be  supplied  by  the  company  to  consumers  for 
heating  or  as  a  motive  power  for  propelling  tramways,  or  for 
driving,   hauling,   lifting,   pumping,  lighting,  crushing,   smelting, 
drilling   and   milling,    or   for   any   other   operations  to    which  it 
may  be  adapted,  or  to  be  used  or  supplied  for  or  in  connection 
with  any  other  purposes  for  which  compressed  air,   electriiMty, 
or  electric  power  may  be  applied  or  required,  and  for  any  of  the 
above    purposes    the    company    is    hereby    authorized    and    em- 
powered   by    its    servants,    agents,    contractors    and    workmen, 
irom  time  to  time,  to  make  and  erect  such  electric  works  and 
sink,    lay,    place,    tit,    maintain   and    repair   such    electric   lines, 
accumulators,    storage    batteries,    electric   cables,    mails,    wires, 
pipes,    switches,    connections,    branches,    electric    motors,    dyna- 
mos,   engines,     machines,     cuts,     drains,     water-courses,     pipes, 
buildings  and  other  devises;  and  to  erect  and  place  any  elec- 
tric line,  cable,  main,  wire  or  other  electric  apparatus  above  or 
below   ground,   along,    or   over,   or   across   any   road,    street,  or 
bridge,  and  to  erect  poles  for  the  purpose  of  placing  the  same 
in  such  manner  as  the  power  company  shall  think  lit,  necessary 
or  proper  for  the  purpose  of  carrying  out  the  operations  of  the 
power   company    in    respect    of   and    incidental   to   the   making, 
generating    or    supplying   of   electricity;    and    also    for   all   such 
purposes  to  open,  break  up  the  soil  and  pavement  of  the  roads, 
streets  or  bridges,  and  to  open  and  break  up  any  sewers,  drains 
or   tunnels    within   or    under    such    roads,    streets    and    bridges, 
and  to  erect  poles,  posts,  pillars,  lamps,  globes  or  other  appa- 
ratus in  or  upon  the  said  roads,   streets  or  bridges,  or  against 
any   wall    or   walls    erected   on   the   same   or   adjoining  thereto, 
and  to  dig  and  sink  trenches  and  drains  and  to  lay  electric  lines, 
cables   and   mains,    and   to   put   electric   lines,    wires,    switches, 
and    connection    boards    from    such    electric    lines,    cables   and  j 
mains,    in,    under,    across    or     along     such    roads,    streets  and  j 
bridges,   and  from  fime  to  time  to   cut,   remove,  alter,  repair, 
replace    and    relay    such     electric    lines,    cables,     mains,    wires, 
switches,   and  connection  branches,   or  other  apparatus. 

(a.)    Provided  that  all  such  powers  shall,  so  far  as  regards] 
any  lands  included  within  the  area   incorporated  as  a  munici- 
pality, be  subject  to  such  conditions  as  the  municipality  mayl 


regards' 

munia- 

[ity  tail 


WATER  CLAUSES  ACT,   1897. 


533 


impose;  provided,  however,  that  the  company  shall  have  the 
right  of  appeal,  in  a  summary  manner  by  petition,  to  a  Judge 
of  the  Supreme  Court  of  British  Columbia  from  the  conditions 
imposed  by  any  municipal  council,  or  from  any  regulation 
thereof,  and  the  Judge  shall  thereupon  prescribe  under  what 
regulations  and  conditions  the  company  shall  be  allowed  to 
exercise  the  powers  hereby  conferred  within  the  limits  of  such 
municipality. 

lb.)  And  provided,  also,  that  in  places  other  than  munici- 
palities, the  power  shall  be  subject  to  such  regulations  as  the 
Chief   Commissioner  of   Lands  and   Works   may   impose. 

Sec.  100.  The  power  company  shall  have  power,  and  the 
power  company,  its  workmen,  servants  and  agents  are  em- 
powered and  authorized  to  enter  into  and  upon  any  lands  of 
any  person  or  body  politic  or  corporate,  to  survey,  set  out, 
ascertain  and  take,  expropriate,  hold  and  acquire  such  parts 
thereof  as  it  may  require  for  the  purposes  of  the  undertaking 
and  works  of  the  power  company,  in  whole  or  in  part;  subject, 
however,  to  making  compensation  therefor  in  manner  herein- 
after provided  for  the  expropriation  of  lands. 

(a.)  The  power  company  may  also,  by  its  workmen,  serv- 
..t!i.  or  agents  enter  into  and  upon  any  lands  adjoining  the 
works  of  the  said  company,  whereupon  any  line  or  lines  of 
pipe,  fluming  or  viaducts  have  been  laid  or  erected  by  the 
power  company  in  connection  with  its  undertaking  and  works, 
and  clear  the  said  lands  of  timber  and  underwood  to  such  width 
on  each  side  of  the  said  undertaking  and  works  as  the  power 
company  may  deem  necessary  for  the  proper  protection  of  the 
same;  subject,  however,  to  making  compensation  in  manner 
hereinafter  mentioned  for  such  clearing  or  any  damage  done. 

Sec.  Id.  The  power  company  shall  have  power  and  it  shall 
be  lawful  for  the  power  company,  their  servants,  agents,  and 
workmen,  from  time  to  time  to  enter  into  and  upon  the  land 
of  any  person  or  body  politic  or  corporate,  lying  in  the  line  of 
the  tramway  intended  to  be  built  by  such  company,  and  to 
|Sur\-ey,  set  out  and  ascertain  such  parts  thereof  as  they  require 
[(or  the  said  undertaking  and  work,  and  to  contract  with  the 
[Owners  and  occupiers  of  the  lands  lying  between  the  said 
looints,  and  those  having  any  interest  in  the  same,  for  the 
purchase  of  the  same,  or  any  part  thereof,  or  of  any  privilege 
that  may  be  required  for  the  purposes  of  this  Act,  and  for 
the  right  to  take  timber,   stone,  gravel,   sand  and  other  mate* 


' 


1  \< 


I 


i 


1:1 


it)  ■}. 


5^4 


BRITISH    COLUMBIA. 


rials   from   the   aforesaid   lands   or   any   lands   adjacent    thereto, 
for  the  use  and  construction  of  the  said  undertaking  and  work. 
Sec.  102.    Subject  to  the  approval  of  the  Chief  Commissioner 
in  unincorporated  districts  and  to  the  approval  of  the  munici- 
pality in  incorporated  districts,  it  shall  be  lawful  for  the  power 
company  to  divert  or  alter  the  course  of  any  road  or  way  cross- 
ing the  tramway,  or  to  raise  or  .'iink  any  road  or  way,  in  order 
to  more  conveniently  carry  the  same  over  or  under,  or  by  the 
side  of  the  tramway,  and  if  in  the  course  of  making  the  tram- 
way the  power  company  shall  interfere  with  any  road  or  way, 
they  shall,  with  all  convenient  speed,  made  good  to  the  satis- 
faction of  the   Chief  Commissioner  or  the   municipality,   as  the 
case  may  be,  all  damage  done  by  them  to  such  road  or  way. 
And  all  rails  laid  '^y  the  power  company  shall  be  of  a  descrip- 
tion approved  by  the  Chief  Commissioner. 

Sec.    103.    It  shall   be  lawful    for  the    owners    or    occupiers 
of  any  mine  traversed  by  the  tramway  of  the  power  company  to 
lay  down  upon  their  own  land  or  mine  any  collateral  branches 
of     tramway    to     connect     with     the     power     company's     tram- 
way, for  the  purpose   of  bringing  trams  to  or  from   such  com- 
pany's tramway,  and  the  power  company   shall,  on   such  terms 
and  conditions  as  may  be  agreed  upon  by  the  power  company, 
and  the  owner  or  owners  of  such  mine,  make  such  switches  as 
may  be  necessary  for  effecting  such  communication,  and  make 
contracts  for  the  carriage  of  freight  and  ore  by  the  power  com- 
pany, and  for  the  supply  of    electricity  by  the  said    company. 
And  the  powers  in  this  .section  may  be  exercised  by  any  min- 
ing    company    working     or    owning    any    mine,    whether     such 
powers  are  or  are  not  contained  in  the  memorandum  of  asso- 
ciation or  partnership  articles  of  such  company. 

Sec.  104.    When  the  power  company  opens  or  breaks  up  the 
roadway  or  pavement  of  any  highway,  street,  or  bridge,  or  any 
sewer,  drain  or  tunnel,  it  shall,  with  all  convenient  speed,  com- 
plete ihe  work  for  which  the  same  shall  be  broken  up,  and  shall 
nil  in  the  ground,  reinstate  and  make  good  the  road  or  pave- 
ment, or  the   sewer,  drain   or  tunnel  so  opened  or  broken  up, 
and   carry   away   the  rubbish   occasioned   thereby;    and   shall  at 
all  times  whilst  any  such  roads  or  pavements  shall  be  opened 
or  broken  up,  cause  the  same  to  be  fenced  and  guarded,  and 
shall   cause  a  light  sufficient  for  the  warning  of   passengers  to 
be  set  up  and  maintained   against  or  near  such   road  or  pave- 
ment where  the  same  shall  be  opened  or  broken  up  every  nigh* 


during 
Sec. 
structfii 
pass,   V 
tramwa 
proposi 
the  san 
cars,  tn 
powers 
such   pa 
second   i 
without 
canon   b( 
tramway. 
Sec.  u 
tramvvay 
company 
parties  in 
paid,   sue] 

provided 
<ion.  J 

Sec.  10; 
i>y  authori 
wise  the  1 
developed 
same  be  i 
Sec,    loj 
into  contri 
•nunicipalit 

tramways 
supplying 

'ract  shall 
3»reed  upo 
'^y  or  corp 

Sec.    log. 

'"fo  and  c( 
Pany,   tram 
'easing  or 
contracts, 
^'''  any  part 
"''  "ndertaJ 
*3me,  or  ^n 


t  i 


WATER  CLAUSES  ACT,   1897. 


525 


during  which  the  same  shall  be  continued  open  or  broken  up. 

Sec.  105.  Where  it  shall  so  happen  that  any  tramway  con- 
structed by  the  power  company  shall  pass  through  any  narrow 
pass,  which  is  too  narrow  lor  the  passage  of  another  line  of 
tramway,  without  entailing  great  expense,  any  other  company 
proposing  to  run  a  tramway  line  which  would  pass  through 
the  same  pass  or  canon  shall  be  entitled  to  run  their  engines, 
cars,  trucks,  or  other  vehicles  over,  and  have  all  other  running 
powers  over,  the  .said  first-mentioned  line  of  tramway  through 
such  pass  or  canon  for  such  a  distance  as  will  enable  such 
second  company  to  carry  out  the  intention  of  its  promoters, 
without  any  unnecessary  expense  from  the  fact  of  said  pass  or 
canon  being  already  occupied  by  such  first-mentioned  line  of 
tramway. 

Sec.  106.  The  exercise  of  any  such  running  powers  over  any 
tramway  line  through  such  a  pass  or  canon  shall  entitle  the 
company  owning  such  line  to  compensation;  and  in  case  the 
parties  interested  therein  cannot  agree  upon  the  amount  to  be 
paid,  such  amount  shall  be  ascertained  in  manner  hereinafter 
provided  for  ascertaining  the  value  of  lands  upon  expropria- 
tion. 

Sec.  107.  The  power  company  shall  have  power  and  is  here- 
by authorized  and  empowered  to  acquire  by  purchase  or  other- 
wise the  right  to  use,  and  to  use  and  employ,  power  already 
developed  by  others,  at  any  point  or  points,  and  whether  the 
same  be  in  the  form  of  electrical  power  or  otherwise. 

Sec.  108.  The  power  company  shall  have  power  to  enter 
mto  contracts  with  any  person  or  corporation,  and  with  any 
municipality,  for  building  and  equipping  street  railways  or 
tramways,  and  for  lighting  the  streets  of  any  municipality  and 
supplying  it  or  them  with  power  and  heat,  and  any  such  con- 
tract shall  be  valid  and  binding  for  the  term  of  years  thereby 
agreed  upon  by  the  company  and  any  such  person,  municipal- 
ity or  corporation  so  contracted  with. 

Sec.  109.  The  power  company  shall  have  the  po/^er  to  enter 
into  and  conclude  any  agreement  with  any  other  power  com- 
pany, tramway,  or  railway  company,  or  any  corporation,  for 
•easing  or  selling  to  th«m  the  property,  real  or  personal,  rights, 
contracts,  privileges,  powers  and  franchises  of  the  company, 
<!■  any  part  thereof,  or  for  the  working  or  managing  of  any  of 
it>  undertakings  or  works,  or  for  running  powers  over  the 
same,  or  rny  part  thtreof;  provided  that  such  agreement   shall 


mi 


r 


526 


BRITISH   COLUMBIA. 


be   approved   of  by  two-thirrls   in   value  of  the   shareholders  at 
any   special   meeting  called   for  that   purpose. 

Sec.   no.    The  power  company  shall  have  the  power  to  pur- 
chase,   take   over,    lease   or   otherwise   acquire,    all   or   any   part 
of  the  property,  real  and  personal,  rights,  contracts,   privilege, 
and  franchises  of  any   other   person,  power  company,   or  com- 
pany,   and    shall    have,   when    the    same   are     acquired,    all   the 
powers,    contracts,    privileges,    priorities,    rights    and    franchises 
of  any  such  person  or  company  that  may  have  been  conferred 
upon  any   such  person   or  company   by  concession,   agreement, 
charter,   Acts  of   incorporation,    by-laws   or   contracts   with  any 
municipality,    so    that    the    same    shall    be    held,    exercised   and 
enjoyed  by  the  power  company  as  fully  as  if  specially  conferred 
hereby,  and  the  power  company  in  the  exercise  ot  its  undertak- 
ing, and  in  the  exercise  of  any  of  its   powers  of  acquirement, 
shall   become   possessed   of   all   the   property,    rights,    contracts, 
privileges,  and  franchises  of  such  person  or  company,  and  the 
right  to  exercise  all  such  powers  and  franchises,  and  to  oper- 
ate the  undertakings  and  works  so  acquired,   and  after  having 
acquired    the    property,    rights,    contracts,    privileges,    priorities 
and   franchises   of   any   such   person   or   company,    by   purchase 
under   any   power   of   sale   or   trust   for    sale   contained   in  any 
trust  deed  securing  debentures  or  having  purchased  from  any 
person   or   persons,    or   corporation    or   corporations,    who   may 
have   been   the   purchaser   or   purchasers    at    any   such    sale  or 
otherwise,    shall   stand    possessed   of   the   title   to    all   the   prop- 
erty, rights,   contrac**^     privileges,   and  franchises  as   previously 
held    by    such   per^. -i    oi    company    so    purchased    or   acquired, 
with  all  the  powers,  statutory,  municipal  and  otherwise,  for  the 
due  operation  of  the  same,  and  the  power  company  shall  have 
power  to  carry  on  the  business  of  such  person  or  company  3p 
acquired  in  the  name  or  names  of  such  company  so  acquired 
(where    acquired    from   a    company),    if    thought    fit.    Provided, 
that  the   power  company   may  lease  the   property,    rights,  con- 
tracts,   privileges   and   franchises   of   any   other   company,   from 
any   such    purchaser   or   purchasers,    under   the   power   of   sale, 
or  trust  for  sale  contained  in  any  trust  deed,   securing  deben 
tures,  and  in  such  case  the  power  company  as  lessee  shall  hav 
the   right   to   exercise   all   the    powers,   rights,    contracts,   privi 
leges  and  franchises  conferred  originally  upon  any  such  othe 
company. 

Sec.    III.    Any    municipality    and    the     power     company  an 


hereby  j 

agreemej 

dertakint 

part,  and 

of  the   SI 

and   repa 

lines,  cab 

the  locati 

'•*'hich    th« 

and  speed 

passengers 

the  manne 

Pletion,   ar 

sengers,   th 

company,  j 

traffic. 

Sec.  112. 
powered  to 
the  tramwaj 
^or  the  carr: 
Sec.    113. 
power  comp 
i^enger  to  su 
other    conve 
■'■hen   deman 
<J"'t  the  car 
"le  conducto: 
"Pon  summaj 
'^enty  dollar 
I    Sec.    114. 
•^hile  runnini 
r  them,   sha 
mmst  all  otl 
"5'ng  the  said 
pe  direction 
"'«  said  track 
m  carriages 
pse  whatever 
f  e  use  of  th< 
^'  tne  power 

Sec.    1,5.    T 
""  power  to 


^VATER  CLAUSES  ACT.  ,8,.. 


hereby  respectively  au.h^  ■     .  '  5^7 

agreement  or  covenant  .?"''    '"  '"»''«  ="d  to  enter  •  . 

part,  and  for  the  navin  J  P°*"   company   in  "  i, ',  ""^  ""- 

of  the   street,  „!   u'      "^^  ""^adamizinK    renl:,-  °'°  ^   '" 

lines,  cables    ani  "'   °'   """"s   and  ^h?t      ■   ""'"'"^  <" 

".e  location'  o  "irra  "'""  '"  '"'  -"  «  e«Ta"n,  "'  l'"'-^ 
*»->'  the  same  Shan TeT-.'""  '"^  P««X''^"-f''7^». 
-d  speed  of  runntg  the    'Zt'  f'  ■«"""   "'  "i  s    thV  ™! 

^  th?~wfrr:  fafe.r;i  - -nrc- 

"nfpan;,    and  '^h  ""  "'  ""  "^-''and   serTZ'"'?'^  "'  "''■ 

.taffio.   '•''"  ""  "-"bstrncting  or  im/edi^g'^f °L"'^'^°"" 

Sec.  „2     Th,  „  °"''"">' 

powered  to  take  tr,"""  '""Pany  is  hereby  auth„  ■    ^ 

*"  laKe,  transport  anri  «„  '-'cuy  authorized  anr?  »«, 

•vhen   demanded    by   "he^P'"^"    ^^^"«'n/to    P^av    th'''.  ^^ 
h"it  the  car  or  oth  J        ^°"ductor  or   driver    a„/     .      '    ^"^ 
Ae  conductor  or  W         "°"^^y^"ce  when  requested  "''"^    ^° 

Ung  the  saiH  ?  ""'^^  whatever;  and  all  nth        *'*"^^^ys   as 

lull  ,.^"    "^'     •^'^^    fl'rectors   of   th» 

T"  power  to  make-  °'  '"'   P"*"  company   shall    have 


.j28 


BRITISH   COLUMBIA. 


(a.)  By-laws,  rules  and  regulations  to  be  observed  by  the 
officers  and  servants  of  the  power  company  and  by  all  other 
persons  using  the  tramways,  rails,  electric  lines,  electricity, 
•electrical  appliances,  or  any  property  of  the  power  company. 

(b.)  Also  rules  and  regulations  for  the  maintenance  and 
management  of  the  power  company's  undertakings  and  works 
and  for  the  collection  of  tolls  for  freights  or  ores,  fares  for 
the  carriage  of  passengers,  rates  for  electricity  supplied,  and 
rents  for  electric  lines  and  appliances  let  for  hire,  and  for 
iixing  the  time  or  times  when  and  the  places  where  the  same 
shall  be  paj'able,  and  in  case  of  default  of  payment  to  en- 
force payment  by  cutting  oflE  the  electricity,  or  by  suit  at  la-v, 
or  both;  and 

(c.)  For  the  collection  of  the  power,  lighting  and  heating, 
rates  or  rents,  and  for  fixing  the  time  or  times  when  and  the 
places  where  the  same  shall  be  payable,  and  in  case  of  default 
in  payment  to  enforce  payment  by  cutting  off  the  electricity,  or 
by  suit  at  law,  or  by  both:  Provided,  always,  that  such  by* 
laws  are  not  in  conflict  with  any  of  the  provisions  of  this  Act. 

Sec.  ii6.  No  person  shall  carry  or  require  the  power  com- 
pany to  carry,  upon  its  tramway,  aqua  fortis,  oil  of  vitrol,  gun- 
powder, nitroglycerine,  or  any  other  goods  which  in  the  judg- 
ment of  any  agent  of  such  company  are  of  a  dangerous  nature; 
.and  every  person  who  sends  by  the  tramway  any  such  goods 
without  at  the  time  of  so  sending  the  same,  distinctly  marking 
their  nature  on  the  outside  of  the  package  containing  the  same, 
and  otherwise  giving  notice  in  writing  to  the  station  master 
or  other  servant  of  the  power  company  with  whom  the  same 
.are  left,  shall  iodcit  to  such  company  the  sum  of  twenty  dollars 
for  every  such  offense,  to  be  recovered  in  an  action  as  for  a 
debt   in   any   Court   of  competent  jurisdiction. 

(a.)  The  power  company  may  refuse  to  take  any  package  or 
parcel  which  any  agent  of  such  company  suspects  to  contain 
goods  of  a  dangerous  nature,  or  may  require  the  same  to  be 
opened  to  ascertain  the  fact,  and  the  power  company  shall  not 
■carry  any  such  goods  of  a  dangerous  nature,  except  in  cars 
specially  designated  for  that  purpose,  on  each  side  of  whichBP^"y.  either 
shall  be  plainly  painted  in  large  letters  the  words  "dangerous«''^'"son,  or  in 
explosives;"   and   for   each   neglect   to   comply   with   the  provi-Mj^"y  for  the 


Sec 
into  a 
riages 
the  de: 
or   equ 
the  afo: 
Sec. 
tract  wi 
with   ele 
or  comj 
sages,    t 
public   o 
purposes 
"ect    and 
electric    J 
burner,   U 
with  any 
new  electr 
•"ay  be  re 
such   sum 
fifne  to  tin 
'ses  lying  • 
suitable  for 
occupier  of 
Pany,    befor 
'".?  such  cc 
^'ontinuing 
^'ve  reason^ 
Pany  of  the 
ment  of  the 
'"struments  ■ 
f'ectric  light 
""d  use  only 
company. 
Sec. 


,  "9. 

"<^ctricity,  or 


«ions    of   this    sub-section,    the    company   shall    incur   a    penalty 


[form 


^rs,    moto] 


of    five    hundred    dollars,    which    shall    be    recoverable    by  atijB"'  apparatus 
person  who  sues  for  the  same.  jPower  company 


WATER  CLAUSES  ACT,  .8^. 


Sec.    117     TL-  ^^'  K^i 

-  '•.uip7j2:-7S"f.  freight  orZZZT"'"'   "" 

purposes  may,  from  Hm. '.  ■">  ''■'"Ks  and  places    an^T^"' 
electric    Ii„e,    cable,    ^j^f"""    "=r"'«or,     storage     £,,!:;• 

"ew  electric  1  "e    Z^T'".'  '""  ■"  <=able.  or  "  ZT"'''''"' 

-3:rafS;?°'«-v::,^iH-a:^^^^^^^ 

time  tn  *;»,  ^   °^  agreed   upon     T»,-  °*^  ^'"'"^  or  for 

■-  ly^rJithTn'^fi^  ''«'"•-="-  -«  el^WcTr^  ^''="-  '™"' 

°«upier  of  such  n™  '^°    '  °"  ""'"K  ■'equired  bv  Tfc  "'"'«' 

Sec.    1x9      If  ^  *^^  P°w«r 

|p«-so„    or  L        '"P"'   <"  the   supply   T  ,,    '^.e  .Power  com- 

hlrtu:  :::':r  ,"'  '!-«  «nt  r«  r«dS,yT"''    *°    '"='■ 
Ifc'raers     m„.  '  '^'""<=  ""es,   meter,    .  ''°**'  ">»• 

h  ZIZ,L  "'"""""O"     boards     ampTT"!"'""'  '"- 

iKXer  cornl  "'■    ""PP'ied    for   hire  ^         c    '"*'•     "ork, 

company  may  c„.  or  disconnecfany  "le'cWc  r™''   ♦"« 

I  34  '  electric  hne  or  other 


:-(i 


530 


BRITISH   COLUMBIA. 


work  through  which  electricity  may  be  supplied,  and  remove 
such  articles  and  works  above  mentioned  as  were  let  for  hire 
to  such  person. 

Sec.  lao.  Where  any  electric  lines,  accumulators,  transform- 
ers, motors,  meters,  generators,  distribution  boards,  lamps,  fit- 
tings, works  or  apparatus  belonging  to  the  power  company 
are  placed  in  or  upon  any  premises  not  being  in  possession  of 
the  power  company  for  the  purpose  of  supplying  electricity, 
such  electric  lines,  accumulators,  transformers,  motors,  meters, 
generators,  distribution  boards,  lamps,  fittings,  works  or  ap> 
paratus  shall  not  be  subject  to  distress  for  rent  for  the  prem- 
ises  where  the  same  may  be,  nor  be  taken  in  execution  under 
any  process  of  law  or  equity  against  the  person  in  whose  pos> 
session  the  same  may  be. 

Sec.  121.  Any  person  appointed  by  the  power  company  may, 
at  all  reasonable  times,  enter  on  any  premises  to  which  electric* 
ity  is  or  has  been  supplied  by  the  power  company,  in  order  to 
inspect  electric  lines,  accumulators,  fittings,  works,  and  appa- 
ratus for  the  supply  or  application  of  electricity  belonging  to 
the  power  company  therein,  and  for  the  purpose  of  ascertaining 
the  quantity  of  electricity  consumed  or  supplied,  or  where  sup- 
ply of  electricity  is  no  longer  required,  or  where  the  power 
company  is  authorized  to  take  away  or  cut  off  the  supply  of 
electricity  from  any  premises,  for  the  fiurpose  of  removing 
any  electric  lines,  accumulators,  transformers,  motors,  distribu- 
tion boards,  meters,  fittings,  lamps,  works  or  apparatus  belong- 
ing to  the  power  company. 

Sec.  132.  The  power  company  may  receive,  take,  hold,  en- 
joy, or  lease  from  any  government,  person,  corporation,  mu- 
nicipal or  otherwise,  any  lands,  bonuses,  donations,  loans,  gifts 
of  money,  bonds,  guarantee  of  bonds,  or  interest  guarantees, 
exemption  from  taxes,  or  other  impost,  or  any  or  all  of  the 
same,  and  generally  any  benefit  or  advantage  to  the  power 
company  or  in  aid  of  the  same,  of  any  nature  or  kind  wtiat- 
soever;  and  may  sell,  lease,  or  otherwise  dispose  of  the  same, 
either  conditionally  or  absolutely,  or  for  any  limited  estate  or 
interest  therein,  and  upon  such  terms  and  conditions  as  the 
Directors  may  deem  proper,  and  the  generality  of  the  latter  part 
of  this  clause  is  not  to  be  held  to  be  restricted  by  the  specific 
mention  of  the  foregoing  ways  and  means. 

Sec.  123.  Any  person  who  shall  maliciously  or  wilfully  in- 
jure, molest  or  destroy  any  of  the  lines,  posta»  or  other  mate- 


rial O] 
tiseme 
erty  oj 
interfei 
plant   4 
liable  1 
hundre( 
Sec. 
or  injur 
operatio 
twelve  I 
age  is  s 
twelve    r 
damage  < 
any  othej 
Act  and 
thereupon 
ance  of  a: 
Sec.    T2 
and  the  p 
subject  to 
future  legi 
of  the  pov 
'slature  xtii 
express     c< 
"ay  from 
">ht  of  th 
"1  respect  < 
"ehts  and 
enjoyed  by 
3s  by  the  I 
^«  just  and 
ulations  and 
^o'-  the  colie, 
and  charges, 
"mount  of  a 
Order  in   Co 
J^ears   from 
Mffie. 
Sec.    J26, 
ailway  Act" 
'ny  provision 


WATER  CLAUSES  ACT,  .8,;. 


i"  1 


'W  or  proper,,  of  the  n„  ''  «•■ 

hundred  dolC5  '"  '""^  ^-ch   offense  1,    "   "•""'•    >« 
Sec.  ,4     A«  a  ?'    "  *'"'  ~«s-  «««ding  one 

'^'t  and  ,he  speda    S!f,  "'"<'  "">  «™e"I  fssue   anH     •"''  """ 
thereupon    anrt  ""  '"  evidence  at  »„     .'  ■  ?''  «""  ""'•■ 

«'«ur.'^^:rserfit'"t""'."^"  hereby 'c^S^  °'  'h's  Ac,,  oj: 

"»/  from  time  ,o  ,f^  '  ^'"«"'an,.Goverao?  i  ?-  "" 
"«h,  „,  ,he  ProWn  e  su'cT^'  """  "^'"'^The  Crol°"~" 
'"  'wpec,  of  ,he  watL  f°""'  '"W'ties,  tolls  an^r'  '" 

n«hts  and  or,„n.  '  "'  "'  'he  lands  of  ih^r-        "*  <*M-ge» 

<«Wed  by  the  i^"'  """'h  shall  be  set  lul^*  *^"™  «'  »ny), 
«  by  the  r        '"'""  company,  or  Irl  l°V'  "PP'opriated,  or 

rears   f"„^X''  '"*"   "^  ■»«<'«  ^.htl'th?'"   '"'   "">'  '"o"* 
^      from  the  passage  of  ,he   Orjer  in   r„  '"T    °'    'hree 

S«.   ,^    Tk     ,  ,  ""''   *"'"»   «he 

Sailway  Act"  .h,i.       ""«  "'"""  of  the    "B,-.-  . 


:  f       f 


Si 


^32 


BRITISH   COLUMBIA. 


•subject  matter  of  any  such  clause,  be  incorporated  with  this 
Part  of  this  Act,  and  apply  to  any  power  company  formed 
hereunder,  which  includes  among  its  objects  of  incorporation 
the  construction  or  operation  of  tramways,  when  and  so  soon 
as  the  power  company  in  exercise  thereof  proceeds  to  construct 
or  operate  a  tramway,  viz.:  to;  21  to  28,  both  inclusive;  31;  41, 
42,  43.  78,  79  and  80. 


V. 

PROCEDURE    FOR   THE    EXPROPRIATION     AND    AC- 
QUISITION   OF   LAND   IN   AID    OF   THE   EXER- 
CISE  BY  MUNICIPAL  CORPORATIONS  OR  IN- 
CORPORATED COMPANIES  OF  THE  PRIV- 
ILEGES     AND     POWERS     CONFERRED 
AND  CREATED   BY   PARTS  III    AND 
IV    OF  THIS  ACT. 

Sec.  127.  No  undertaking  or  work  of  any  municipality  and 
«o  record  or  privilege  appurtenant  thereto  shall  be  taken  or 
purchased  by  any  other  municipality  or  by  any  incorporated 
<:ompany  under  this  Act,  except: 

(a.)  With  the  consent  of  the  municipality  owning  such  un- 
dertaking or  work;   or 

(b.)  Under  authority  of  an  Order  in  Council  made  by  the 
Lieutenant-Governor  in  Council  upon  its  being  mad6  to  appear 
to  him  that  such  taking  or  purchase  is  necessary  or  expedient 
in  the   interests   of  the   public. 

Sec.  128.  No  undertaking  or  work,  and  no  record  or  priv- 
ilege appurtenant  thereto  of  any  incorporated  company  under 
this  Act  shall  be  compulsorily  purchased  by  any  other  com- 
;pany  engaged  in  constructing  or  operating  any  undertaking  or 
work  of  the  same  kind  and  nature,  except  under  authority  of  an 
Order  in  Council  made  by  the  Lieutenant-Governor  in  Council 
upon  application  made  to  him  for  that  purpose,  and  upon  its 
being  made  to  appear  upon  such  application  that  such  com- 
pulsory purchase  is  necessary  or  expedient  in  the  public  in- 
terest. 

Sec.  129.  In  the  event  of  the  compulsory  purchase  of  any 
undertaking  or  work  under  authority  of  an  Order  in  Council 
tnade   by   the    Lieutenant-Governor   in   Council,    under   and  by 


vin 

pan 

sucl 

a  St 

in  c 

teen 

accoi 

and 

capitj 

(a. 

compj 

incJud 

I. 
and  al 
gineeri 
actuaJJ; 
powers, 
ing  to 
2.    A 
about  t] 
work  uj 
3.    AJ 
'or  dam 
purchase 
passing 
chased. 

4.    AIJ 

^y  the  m 

undertaki 

nierated. 

Sec.  13 

0'  this  Al 

^^ed  to  ac 

powers  an 

^ork  entei 

°'  the  saic 

such  powei 

Ciauses  Co 

cedure  ther 

Clauses   Co 

pality   or    ,. 

^orks  there 


WATER  CLAUSES  ACT.  .8,,. 


S3» 


a  sum  sufBcient  f„        ,        "  '"=«'«  'he  cost  nf  -  "    "Wch 

■•»  cost  of  co„A  "■"  "P  "«  interest  on  ^i^  ""^'"><='i°n  and 

"«  per  ee„r»r  '""  """  "«i"'enr„ce  to  .h  """*'  '">'"'«<» 
account  ^VyZlT"""  '"  ""•«  <"  Purchas '"1""°""'  °<  «" 
-«.  a  fur,7er^r„'  ta,7/  T  """-"'  'X'^hr."""' 

-pan.  the  .ords  "cos:  :noru'ct!;^.  t,-"?  r"-"* 

'•     All   sums  of    „  ""'""'  '» 

»|.d  about  the  or,L:S  :tlT   '"^     ""-    "e   spent    i„ 
5;""f,'"ff-   'c«al  and  cler°cal   i,         ""'P""^.   including  an  M 

3-    A?l  sums  plT'r  -'  "■'  «S  woX  3"",  "'"''"*  °' 
'or  damaees    1,  ""^  ""=   ""nicipalitv  or        ^  P^Pcny. 

P-rchaTe  ^o,  exo" ''  °"^  ""P^sation  ("^  °;;°"P-ny  as  and 
P««ing  w,U  Z"'""^*"'"  °<  '^nds,  records  "?""  '"'^  "«= 
chased^  "  appurtenant  to  the  u„de«ak  n/"/,    ""r'^^" 

t«    ^-vii    or   any    sum 

"ndtta^tfif::^  r  '-p-r.oTnrptt;-''  --"^  p^^o 

"-"^  at.>e"?^»"'--n^^^^^^^^  "I  or  Part  IV 

p°-rs  ard-p^it/esiVtr""™''  '"^'  "-rrfi  ":""''• 

"■ork  entered  upon  a^H  .     .**  P^Poses  of  any  unw  iT'.'='"^<«. 

»'  'he  said  Parfsof  :i's°A«    '""'^  °"'  -nSer  Thf  "!„''"^  °^ 
such  powers  <h.u  u  ^*^^'   or  any  of  fh-         ,        Provisions. 

Ciauses  Co '    p!,"  ^^  fi^^verned  by  the  nro  '   '^^  ^^^^'"^ise  of 

P»^  ^°nsohdation  Act    iA^,  »        .    Provisions  of  the  "r.  ^ 

cedure  therein  i^;^   7         *  '*^»     *o<i  the  rnUo     *  ,  J-ands 


I: 


'534 


BRITISH  COLUMBIA. 


2.    For    the    purpose    of    this  Act  in    that    behalf,  the    ex- 
ipression  "the  Special  Act"  wherever  the  same  occurs  through- 
out the  said   "Lands  Clauses   Consolidation  Act,    1897,"   shall, 
ti  addition  to  and  extension  of  the  meaning  in  the  said  Act 
ascribed  to  such  expression,  mean  and  include  the  letters  pat- 
.nt  of  a  municipality,  and  the  constitution  of  an  incorporated 
•company  as  constituted  under  section  46,  section  56  and  section 
^89  of  this  Act;  and  the  expression  "land"  wherever  the  same 
occurs  throughout  the  said  Act  shall,  so  far  as  relates  to  the 
method  and   procedure  to   be  adopted  and   followed   in  ascer- 
taining value  and  purchase  price,  and  for  the  purpose  of  giving 
•effect  to  the  provisions  of  the  said  Parts  III  and  IV  in  that 
behalf  include  water,  water  power,  water  records  and  all  pow- 
ers,   privileges    and    priorities   relating   or   appurtenant    thereto, 
■and  all  franchises,  property,  chattels,  effects  and  rights. 

Sec.   131.    Wherever  throughout   this  Act  power  is  conferred 

upon  any  municipality  or   company   to   enter,   take   and   expro- 

'priate  lands,  such  power  to  take  and  enter  shall  extend  to  and 

.authorize  the  entering  and   taking  of    Crown    lancfs,    save  as 

hereinafter  excepted,  but  the  provisions  of  the  "Lands  Clauses 

Consolidation    Act,    1897,"    shall    not,    unless    expressly    applied 

by  an  Order  in   Council,  apply  to  the  taking  of  Crown  lands, 

but  in  lieu  thereof  the  manner  of   fixing   the  compensation  to 

>be  paid  upon  the  taking  of  Crown  lands  shall  be  such  as  the 

Lieutenant-Governor   in   Council    may   from   time   to   time,   and 

whenever  necessary  with   regard   to   the   circumstances   of  each 

.particular  case,   by   Order  in  Council  appoint. 

2.  The  aforesaid  power  of  entering  and  taking  Crown 
lands  shall  not  extend  to  lands  which  shall  be  expressly  re- 
served by  the  Crown  for  any  purpose  whatever;  and  such  lands 
-may  only  be  acquired  for  purposes  under  this  Act,  upon  such 
iterms  and  conditions  as  the  Lieutenant-Governor  in  Council 
may  from  time  to  time  appoint  by  Order  in  Council. 


VL 

REGULATIONS     AND    REPEAL    OF   FORMER    ENACT- 
MENTS. 

Sec.  132.    A  company  may,  subject  to  and  by  observance  of 

Tthe  provisions  of  this  section  and  of  sections  9,   10,   11,  i4i  ^S> 

\6»  \7t  i&  i9»  and  20  of  the  "Companies  Act,  1897,"  become  sp^ 


'f 


[lands 

such 

Uncil 


Iact- 

|ce  oi 

I4.  15. 

spc- 


WATER  CLAUSES  ACT,  1897. 


S3S 


cially  incorporated  for  the  purpose  of  exercising  the  rights, 
powers,  privileges,  and  priorities  in  and  by  Part  III,  or  in 
and  by  Fart  IV  of  this  Act,  created,  granted  and  conferred. 

I.  The  company  shall,  in  and  by  its  memorandum  of  asso- 
ciation, provide  for,  assume,  and  take  the  following  matters, 
powers  and  regulations: — 

(a.)  That  the  company  shall,  upon  and  after  its  incorpora* 
tion,  be  governed  by  the  provisions  of  the  "Companies  Clauses 
Act,  1897,"  to  the  exclusion  of  all  the  provisions  of  the  "Com- 
panies Act,   1897." 

(b.)  That  the  company  may,  upon  the  conditions,  and  to 
the  extent,  and  in  the  manner  prescribed  in  such  memorandum, 
exercise  the  powers  contained  and  referred  to  in  sections  5, 
21,  43,  44,  55,  70,  75,  78,  103,  114,  115  and  118  of  the  said  "Com- 
panies  Clauses  Act,    1S97." 

Sec.  133.  The  provisions  of  Table  A  in  the  First  Schedule 
to  the  "Companies  Act,  1897,''  shall  not  apply  to  any  company 
incorporated  pursuant  to  the  provisions  of  the  preceding  sec- 
tion, but  any  such  company  may  adopt  such  regulations  not 
repugnant  to  or  inconsistent  with  the  provisions  of  the  "Com- 
panies Clauses  Act,  1897,"  as  may  be  deemed  expedient  for 
the  proper  management  and  conduct  of  the  business  and  af- 
fairs  of  the  company. 

Sec.  134.  For  the  purposes  of  this  Act  in  that  behalf,  the 
expression  "the  Special  Act,"  wherever  the  same  occurs 
throughout  the  said  "Companies  Clauses  Act,  1897,"  shall  in 
addition  to  and  extension  of  the  meaning  in  the  said  Act 
ascribed  to  such  expression  mean  and  include: 

(a.)  In  the  cas<i  of  a  company  incorporated  to  provide 
water-works  for  a  municipality,  the  conditions  governing  and 
the  constitution  of  such  company  as  provided  by  and  designat- 
ed in  section  46  hereof; 

(b.)  In  the  case  of  a  company  incorporated  to  provide 
water-works  for  an  unincorporated  locality,  the  conditions  gov- 
erning and  the  constitution  of  such  company  as  provided  by 
and  designated  in  section  56  hereof;  and 

(c.)  In  the  case  of  a  company  incorporated  as  a  power 
company,  the  conditions  governing  and  the  constitution  of 
such  company  as  provided  by  and  designated  in  section  88 
hereof. 

Sec.  135.  In  order  to  incorporate  with  any  other  Act  a  part 
only  of  the  provisions  of  this  Act,  it  shall  be  sufficient  in  any 


§t 


f 

,.,,■:■ 


)  » 


I 


5.l6 


BRITISH   COLUMBIA. 


such  other  Act  to  enact  that  the  parts  of  this  Act  with  respect 
to  the  matter  so  proposed  to  be  incorporated  (describing  such 
parts  by  the  numbers  of  the  Parts,  or  by  the  numbers  of  the 
sections  in  this  Act  contained)  shall  be  incorporated  with  such 
other  Act,  and  thereupon  all  the  Parts  and  sections  of  this 
Act  with  respect  to  the  matter  so  incorporated  shall,  save  in 
so  far  as  they  shall  be  expressly  varied  or  excepted  by  such 
other  Act,  form  part  of  such  other  Act,  and  such  other  Act 
shall  be  construed  as  if  the  substance  of  such  parts  and  sec- 
tions were  set  forth  therein,  with  reference  to  the  matter  to 
which  such  other  Act  shall  relate. 

Sec.  136.  The  Lieutenant-Governor  in  Council  may  at  any 
time,  by  notice  signed  by  the  Chief  Commissioner  of  Lands  and 
Works  and  published  in  the  British  Columbia  Gazette,  reserve 
the  unrecorded  water  in  any  stream  or  lake,  or  any  portion 
thereof,  for  the  use  of  the  Crown  or  for  municipal  purposes, 
or  for  the  purpose  of  making  provision,  wherever  it  appears 
expedient,  as  a  source  of  supply  for  a  wateer  works  system, 
or  for  such  other  purposes  as  may  be  deemed  advisable. 

(2.)  An  Order  in  Council  establishing  a  reserve  of  water 
shall  contain  a  direction  for  a  record  of  the  amount  of  water 
reserved,  with  all  necessary  particulars;  and  the  Commissioner 
and  Gold  Commissioner  shall  make  the  necessary  records  to 
give  effect  thereto. 

(3.)  Such  reservation  and  record  thereof  shall  not  prevent 
the  acquiring  or  records  subject  thereto,  and  for  the  purpose  of 
diverting  and  using  the  water  in  the  interim  prior  to  the  es- 
tablishment of  such  a  system;  but  no  rights  to  compensation 
shall  be  acquired  by  virtue  of  any  such  interim  record. 

(4.)  Where  any  reservation  of  unrecorded  water  is  made 
as  aforesaid,  the  Lieutenant-Governor  in  Council  may,  in  the 
Order  in  Council  making  such  reserve,  or  in  any  subsequent 
Order  or  Orders,  specify  and  declare  the  terms  and  conditions 
upon  which  the  unrecorded  water  so  reserved  shall  be  avail- 
able and  may  be  acquired  from  the  Crown  for  use  in  respect 
of  the  purposes  for  which  it  has  been  so  reserved. 

Sec.  137.  The  Lieutenant-Governor  in  Council  shall  have 
power  to  cancel  any  reservation  of  unrecorded  water  made 
under  the  preceding  section,  but  the  Order  in  Council  provid- 
ing for  the  cancellation  shall  not  take  effect  until  notice  thereof 
shall  have  been  published  for  three  months  in  the  British  Co- 
lumbia   Gazette,    and    in    some    newspaper    circulating     in    the 


WATER  CLAUSES  ACT,  1897. 


ssr 


county  in  which  the  unrecorded  water  proposed  to  be  affected 
is  situate. 

Sec.  138.  The  rights,  powers,  privIUges  and  priorities  created 
and  conferred  by,  and  to  be  hereafter  acquired,  held,  and  ex- 
ercised under,  this  Act  by  any  person,  municipality  or  com* 
pany  shall  be  acquired,  held,  and  exercised  subject  to  and  con- 
ditional upon  the  compliance  with  and  observance  by  sucb 
person,  municipality  or  company,  with  the  provisions  of  the 
"Health  Act."  applying  to  the  acquiring,  holding,  and  exer- 
cising of  such  rights,  powers,  privileges  and  priorities,  and 
any  or  either  of  them. 

Sec.  139.  Where  under  any  record  the  right  is  acquired 
and  held,  to  divert  and  use  water  for  the  purpose  of  generat- 
ing power  either  by  direct  application  of  the  water  to  machin- 
ery, or  by  the  procuring  or  generating  of  electricity  or  other 
power,  the  company  or  person  acquiring  and  holding  such 
record  shall,  except  where  natural  circumstances  render  it  im- 
possible or  the  terms  of  the  record  otherwise  permit,  return  the 
water  so  diverted  and  used  under  such  record  to  the  water- 
course or  channel  from  which  it  is  diverted  and  used;  and  such 
water  hall,  as  far  as  possible,  be  so  returned,  unpolluted  and 
undi^le(' 

(2.)  If  any  company  or  person  contravene  the  provisions 
of  this  section,  the  water  rights  and  records  and  all  privileges 
and  priorities  in  connection  with  or  appurtenant  thereto  shall, 
at  the  option  of  the  Lieutenant-Governor  in  Council,  upon 
proof  to  his  satisfaction  of  such  contravention,  be  forfeited  and 
absolutely  cease  and  determine,  or  may  continue  to  be  held 
by  such  company  or  person  upon  such  terms  and  subject  to 
such  conditions  as  the  Lieutenant-Governor  in  Council  may 
by  Order  in   Council  declare  and  impose. 

Sec.  140.  In  any  action  or  suit  for  determining  the  rights 
of  adverse  claimants  to  records  of  unrecorded  water  and  for 
the  protection  of  rights  to  the  use  of  and  records  of  unrecorded 
water,  and  generally  in  any  action  or  suit  for  determining  the 
right  to  divert  and  use  the  water  of  any  stream  or  lake,  the 
plaintiff  may  join  as  defendants  all  persons  diverting  acd  using 
or  claiming  the  right  to  divert  and  use  the  water  of  such  stream 
or  lake,  and  the  Court  may,  in  one  judgment,  settle  the  relative 
priorities  and  rights  of  all  the  parties  to  such  action. 

(2.)  When  in  any  such  suit  or  action  damages  are  claimed 
for  the  wrongful  diversion  of  water,  the  same  may  be  assessed 


i      ( 


I    ti 


538 


BRITISH   COLUMBIA. 


and  apportioned  by  the  jury  in  their  verdict,  or  the  Court  in  its 
jitdgment,  and  judgment  may  be  entered  for  or  against  one  or 
more  of  several  plaintiffs  or  cefendants,  and  the  Court  may,  in 
its  judgment,  determine  the  uitimat'^  rights  of  the  plaintiffs 
as  between  themselves,  and  of  the  defendants  as  between  them- 
selves. 

(3.)  In  any  action  or  suit  concerning  joint  water  records 
or  rights,  or  joint  rights  in  water  ditches,  or  other  works  for 
the  conveyance  of  water,  unless  partition  is  claimed  in  the 
action,  the  Court  shall  hear  and  determine  the  action  or  suif 
as  if  such  records  a;;d  rights  were  several  as  well  as  joint. 

Sec.  141.  Any  company  having  the  right  to  use,  and  any 
company  having  the  right  to  use,  sell,  or  dispose  of  water  or 
water  power,  or  power  procured  or  generated  by  means  of 
water  or  water  power,  anu  having  a  surplus  of  water,  water 
power,  or  power  procured  or  generated  therefrom  as  aforesaid 
not  used  or  sold,  is  hereby  required  to,  and  such  company 
shall,  upon  the  payment  or  tender  thereto  of  the  amount  of 
the  charges  or  tolls  legally  chargeable  in  respect  thereof,  con- 
vey and  deliver  to  any  person  or  company  desiring  to  use  the 
same  such  surplus  of  water,  water  power,  or  power  procured 
or  generated  therefrom  as  aforesaid,  or  such  reasonable  part 
thereof  as  may  be  required,  and  shall  continue  to  so  convey  j 
and  deliver  the  same  so  long  as  said  surplus  exists  and  saidj 
payment  or  tender  be  made  as  aforesaid. 

(a.)  If  any  company  shall  refuse  or  neglect  to  comply! 
with  the  provisions  of  this  section,  all  the  water  records  of 
such  company,  and  all  privileges  and  priorities  in  connection 
therewith,  shall,  at  the  option  of  the  Lieutenant-Governor  in 
Council,  jpon  proof  to  his  satisfaction  of  such  refusal  ori 
neglect,  be  forfeited  and  absolutely  cease  and  determine,  orj 
may  continue  to  be  held  by  such  company  upon  such  tennsj 
and  subject  to  such  conditions  as  the  Lieutenant-Governor  ii 
Council  may,  by  Order  in  Council,  declare  and  impose. 

(b.)    Any  person  or  company  desiring  to  exercise  the  right 
"by  this  section  conferred  of  obtaining  the  use  of  surplus  waterij 
water   power,   or   power   procured  or    generated    therefrom 
aforesaid,    must    procure    and    furnish    all    necessary    means  o| 
conveyance  and  all  necessary  appliances  for  the  taking  and  us 
ing  of   such   surplus   water,     water   power  or    other    power 
aforesaid. 

Sec.    142.    In   order  to    provide  an    adequate    and    unifor^ 


method 
this  Act 
persons 
imposed 
give  due 
and  any 
cil    may, 
and  regu 
able   for 
Act  in  re 
matters 
or  in  res] 
been    mad 
lished   in 
and  shall 
Sec.  14;; 
absence   o 
Orders   in 
records,    tl 
taken  into 
sluice   heac 
except   in 
the  water  1 
feet  beyond 
of   water   si 
orifice  two 
inch  plank, 
above  the  v 
of  water   sh 
orifice   exter 
"^ent,   one  i: 
1.68  cubic  fe 
Sec.      144. 
shall,    with    i 
acquired   and 
^he   like   pow 
and  the   equi 
in   order   to 
available  wat« 

C'oinmissioner 
*^etion  18,  ar 
P'-^-t  II  of  th 


^  .. ,    ..-  , 


WATER  CLAUSES  ACT,  1897. 


539 


water^ 
jin 
ins  01 
Ind  u» 
k-er 

inifoH 


method  of  procedure  for  the  carrying  out  of  the  provisions  of 
this  Act,  and  for  the  performance  by  all  ofHcers,  officials  and 
persons  named  therein  of  all  powers  and  duties  conferred  and 
imposed  upon  such  officers,  officials  and  persons  by,  and  to 
give  due  and  full  effect  to  the  meaning  and  intent  of  this  Act 
and  any  amendment  thereof,  the  Lieutenant-Governor  in  Coun< 
oil  may,  from  time  to  time,  make  and  discharge  such  rules 
and  regulations  as  may,  in  his  opinion,  be  necessary  or  desir- 
able for  carrying  out  the  spirit,  intent,  and  meaning  of  this 
Act  in  relation  to  the  matters  aforesaid,  or  any  of  thtm,  and  to 
matters  for  which  no  express  provision  has  been  made,  or  for 
or  in  respect  of  which  only  partial  or  imperfect  provision  has 
been  made ;  and  any  such  rules  or  regulations  shall  be  pub- 
lished in  at  least  one  issue  of  the  British  Columbia  Gazette, 
and  shall  have  the  force  of  ]aw. 

Sec.  143.  In  measuring  water  in  any  ditch  or  sluice,  in  the 
absence  of  any  rules  in  that  behalf  established,  by  Order  or 
Orders  in  Council,  and  applied  to  any  record  or  any  class  of 
records,  the  following  rules  shall  be  observed: — The  water 
taken  into  a  ditch  or  sluice  shall  be  measured  at  the  ditch  or 
sluice  head.  No  water  shall  be  taken  into  a  ditch  or  sluice 
except  in  a  trough  placed  horizontally  at  the  place  at  which 
the  water  enters  it,  and  which  trough  shall  be  extended  tvo 
feet  beyond  the  orifice  for  the  discharge  of  the  water.  One  inch 
of  water  shall  mean  the  quantity  that  will  pass  through  an 
orifice  two  inches  high  by  half  an  inch  wide  made  in  a  two- 
inch  plank,  the  water  to  have  a  constant  head  of  seven  inches 
above  the  upper  side  of  the  orifice,  and  every  additional  inch 
of  water  shall  mean  so  much  as  will  pass  through  the  said 
orifice  extended  horizontally  half  an  inch.  In  cubic  measure- 
ment, one  inch  of  water  shall  mean  a  flow  of  water  equrl  to 
1.68  cubic  feet  per  minute. 

Sec.  144.  Every  Commissioner  and  Gold  Commissioner 
shall,  with  respect  to  all  rights  to  divert  and  to  Ui.e  water, 
acquired  and  held  under  Parts  III  and  IV  of  this  Act,  have 
the  like  powers  in  regard  to  the  adjustment  of  water  supply 
and  the  equitable  distribution  thereof  between  rival  claimants 
in  order  to  procure  the  greatest  beneficial  use  of  the  entire 
available  water  supply  as  are  vested  in  and  possessed  by  such 
Commissioner  and  Gold  Commissioner  under  the  provisions  of 
section  18,  and  under  all  other  sections  in  the  like  behalf  in 
Part  II  of  this  Act  contained. 


it. 


540 


BRITISH    COLUMBIA. 


Sec.   145.    The  Chief  Commissioner,  and  every  Commissioner 
and   Gold  Commissioner   shall   have   power  to   enforce  compli- 
ance with  the  provisions   of  this   Act,   and   with   all   rules  and 
regulations  from  time  to  time  in  force  thereunder,  and  for  the 
purpose  of  enforcing  such  compliance  may  give  notice  in  writ- 
ing to  any   municipality,   company  or   person   contravening,  or 
refusing,   or  neglecting   to   carry   out   any   of   the   provisions  of 
this  Act,  or  of  any  rule  or  regulation  in  force  thereunder,  le- 
guiring    immediate    compliance    with    such    provision,    rule,   or 
regulation,  as  the  case  may  be,  and  if  such  municipality,  com- 
pany, or  person  neglect  or  refuse  to  comply  with  the  demands 
and   directions   in   such   notice  contained,   or   any  of   them,  the 
water   rights   and    records   and   all   privileges    and    priorities  in 
connection   with   or  appurtenant    thereto,   of   the    municipality, 
company  or  person   so   neglecting  or  refusing  shall,   at  the  op- 
tion of  the  Lieutenant-Governor  in  Council,   upon  proof  to  his 
satisfaction  of  such  neglect  or  refusal,  as  aforesaid,  be  forfeited 
axid   absolutely    cease   and   determine,    or    may    continue   to  be 
held   and   enjoyed   by   such   municipality,   company,    or   person, 
upon  such  terms  and  subject  to  such  conditions  as  the  Lieuten- 
ant-Governor in  Council  may  by  Order  in  Council  declare  and 
impose. 

Sec.   146.    Any   holder  of  any  water   record,   or  other  person 
who  shall  wrongfully  waste  any  quantity  of  water  heretofore  or 
hereafter   acquired,    by    record    or   otherwise,    by    diverting  any 
more  of  it  from  its  natural  course,  through  any  ditch  or  other 
wise,   than   the  quantity  actually  required  by  him   for  the  pur-j 
poses   specified   in   the   record    by    virtue   of   which    such   water] 
has   been   diverted,   or   for   any   other   purpose   for   which   sue!: 
water   may   lawfully   be   used,    shall,    upon    summary    convictio: 
before  a  Commissioner,   or   Gold   Commissioner,   who   shall,  foi 
the  purposes  of  this  section,   have  all  the  powers  of  a  Stipen 
diary    Magistrate,    be   liable   to   a   penalty     not     exceeding    on 
hundred   dollars   for   each   such   offense. 

Sec.  147.  No  holder  of  any  water  record  or  water  ngni 
shall  have  any  right  to  interfere  with  or  prevent  the  cunstru 
tion  of  any  dams,  breakwaters,  or  other  improvements  niadi 
or  hereafter  to  be  made  for  the  purpose  of  saving  or  econonii 
ing  the  water  of  any  stream  or  lake:  Provided,  that  the  co 
struction  or  use  of  such  dam  or  breakwater  or  improvemen 
does   not   nor   will   divert   such   water  from   its   proper  channel 


at  the  po 
by  him  in 
struction  ; 
shall  not  i 
the   propei 
otherwise : 
matter  or  1 
summary    r 
missioner, 
shall  seem 

Sec.  148. 
made  befor 
<luestion,  an 
pending  sha 
Mde,  the  s; 
the  making  j 
given   theretc 

Sec.   149. 
company   und 
proceeding    w 
fents  or   char 
power  compai 
making    there< 
Council    for   a; 
•^snie,   in    who 
crease   such   to 
in  the   public 

(^■)    Every 
'*^f''on  shall   b« 
^'J-es   and    regu 
■^ct,  or  as  may 
pntCovernor    ii 
''"•^'  !>erson    in 
"'^^'■.    such    pe 
■^^  ^uch  publi 
Sec.    150.     Th 
'''  to   time,   a 
'oner   under    th 
'^'i  appointme 
«ed  in   the   Li 
'Ssioner   or    Go 


r. 


WATER  CLAUSES  ACT,  1897. 


541 


at  the  point  or  place  where  such  holder  takes  the  water  used 
by  him  into  his  ditch  or  works:  Provided,  also,  that  the  con- 
struction and  use  of  such  dam  or  breakwater  or  improvements 
shall  not  injure  the  source  from  which  such  water  is  taken,  or 
the  property  of  any  person,  by  backing  water,  flooding,  or 
otherwise:  Provided,  also,  that  all  disputes  arising  upon  any 
matter  or  thing  in  this  clause  contained,  shall  be  decided  in  a 
summary  manner  before  the  Commissioner,  or  Gold  Com- 
missioner, who  shall  have  power  to  render  such  decision  as 
shall  seem  to  him  just  and  equitable. 

Sec.  148.  In  all  cases  where  the  validity  of  any  water  record 
made  before  the  sixth  day  of  April,  1886,  may  be  called  in 
o,uestion,  and  the  Court  or  Judge  before  whom  the  case  is 
pending  shall  be  of  opinion  that  such  record  was  bona  fide 
made,  the  same  shall  be  held  to  be  good  and  valid  so  far  as 
I  the  making  and  entry  thereof  is  concerned,  and  effect  shall  be 
I  given  thereto  according  to  the   intent   thereof. 

Sec.   149.    Every  by-law,  resolution,  or  minute  of  any  power 

I  company   under   this   Act    fixing,    and   every   other   schedule    or 

proceeding    which    fixes    or    determines    the    tolls,    fares,    rates, 

rents  or   charges   to   be   made,   levied   and    collected    by    such 

[power  company,    shall,   within  thirty   days   after  the  passing   or 

making    thereof,    be    submitted    to   the    Lieutenant-Governor    in 

ICouncil   for  approval,   who   may   approve   or   disapprove    of   the 

hame,   in   whole   or   in   part,   and   may  adjust,     increase     or  de- 

jcrease  such  tolls,   rates  or  charges  as  he  may  deem  expedient 

|in  the   public   interest. 

(a.)  Every  schedule  or  scale  as  approved  pursuant  to  this 
Isection  shall  be  published  in  form  and  manner  directed  in  any 
Irjies  and  regulations  for  the  time  being  in  force  under  this 
jAct,  or  as  may  from  time  to  time  be  directed  by  the  Lieuten- 
lintGovernor  in  Council,  and  in  any  action  brought  against 
pny  person  in  respect  of  non-payment  of  any  charge  there- 
under, such  person  may  plead  as  an  answer  to  such  action 
ht  such  publication  has  not  been  made  as  aforesaid. 

Sec.  150.  The  Lieutenant-Governor  in  Council  may,  from 
[ii^e  to  time,  appoint  any  person  to  act  as  Water  Commis- 
sioner under  this  Act,  and  such  person  for  the  purposes  of 
•ich  appointment,  shall  have  all  such  powers  under  this  Act 
tsted  in  the  Lieutenant-Governor  in  Council,  and  in  a  Com- 
issioner   or    Gold    Commissioner,   as    may    be    conferred    upon 


i  I 


I 


)  I 


! 


H 


r    ,, 


J 


«)! 


S4a 


BRITISH   COLUMBIA. 


such  person  by  Order  in  Council,  or  by  any  rules  and  regula- 
tions for  the  time  being  in  force  under  this  Act. 

Sec.  151.  The  Lieutenant-Governor  in  Council  may,  from 
time  to  time,  by  Order  in  Council,  establish  a  scale  of  fees 
payable  on  any  proceeding  taken  under  this  Act,  and  provide 
regulations  for  the  payment  and  collection  thereof.  Every 
such  scale  of  fees  shall  be  published  for  one  month  in  the 
British    Columbia   Gazette. 

Sec.  152.  In  case  of  companies  incorporated  under  provi- 
sions of  this  Act,  and  in  case  of  companies  incorporated  at 
the  present  or  any  future  Session  whose  Act  of  Incorporation 
shall  be  subject  to  the  "Water  Clauses  Consolidation  Act, 
1897,"  or  any  part  thereof,  the  same  shall  be,  and  the  same  is 
hereby  declared  to  be,  subject  to  the  "Alien  Labor  Act,   1897." 

Sec.  153.  This  Act  shall  come  into  force  on  the  first  day  of 
June,   i8q7. 

REPEAL. 

Sec.  154.  The  following  Acts  and  parts  of  Acts  are  hereby 
repealed: 

(a.)  Secions  59  to  79,  both  inclusive,  128,  129,  130,  131, 
132,   133  and  134,  of  the  "Mineral  Act,  1896." 

(b.)  Section  54  and  sections  56  to  78,  both  inclusive,  of  the 
"Placer  Mining  Act,   1891." 

(c.)  Section  2  of  the  "Placer  Mining  Amendment  Act, 
1894." 

(d.)    Sections  39  to  52,   both  inclusive,  of  the  "Land  Act." 

(e.)    Section  9  of  the  "Land   Act  Amendment   Act,    1891." 

(f.)  "An  Act  providing  for  the  election  and  defining  the 
duties  of  Water  Viewers,"  being  c^iapter  one  hundred  and 
seventeen  of  the  "Consolidated  Acts,    1888." 

(g.)    The  "Water  Privileges  Act,   1892." 

a.  Provided  that  such  repeal  shall  not  afTect  any  rights  ac- 
quired or  any  liabilities  or  penalties  incurred,  or  any  act  or 
thing  done  under  any  of  the  said  Acts  or  parts  of  Acts. 


■/^•)  The  nt 
P  Vic.  chai 
f'ons,  respective 
■  ('•)  Section 
'this  consoIi<i 
.Sec.  8.  The 
fttythree  of  tl 
fWct  incorpoi 
fOTitories. 


NORTHWEST    TERRITORIES.   COn.nr 

CATION  Acr^^"° 


IRRI- 


57-58  VICTORIA. 

(A3  an,e„d.d  b,  58.5,  Vic.  J.t'Tt:LV  ""'■  '««> 
H"  Majesty    bv       .         '*«•>  '^  ""''  ^■■'^' 

Sec.  2.    jn  jjj-      -  ■'^"gation 

,^t-«  ~"'  "S^.t'.  rr  rs^.--- 

(b)    Th  ^'nister  of  the 

;™ion  lands  7or,"rd- ."'*"'"    *""■"    'h,    3«„.      ,    ^ 

l"~  trs-i-r"-'-  C  ■"" " 

"■"Pany.  .he  objec,,  and       ''^"''"    "■"■''    any    ■„.„ 
Ne  the  constr«^«  P"*'"   of  which    .  .     '"<=""'Porate(» 

h"  this  Act  "'!"  ^  '"'"»"•<"' »'  i^^Lri'""  J" "  ■■"■ 

t:tZ^^l^n,  „„  .hereS°"„7  °«'«  *""» 

(I)    The  b  NOTES.  — 

S«-  8-    The  prov1;ion.     ,"  '""<»"=  '"'"'"* 


(543) 


T.  G;  r. 


544 


NORTHWEST  TERRITORY. 


of  the  supply  or  the  sale  of  water  for  irrigation  or  other  pur- 
poses, and  includes  any  person  who  has  been  authorized  or  has 
applied  for  authority  to  construct  or  operate  such  works  or 
carry  on  such  business,  or  who  has  obtained  a  license  under 
section  eleven  of  this  Act,  and  also  includes  any  irrigation 
district  incorporated  under  an  Ordinance  of  the  Northwest 
Territories.    (58-59  V.,  c.  33,  s.  1,  part.) 

(e.)  The  expression  "works"  means  and  includes  any  dykes, 
dams,  weirs,  flood-gates,  breakwaters,  drains,  ditches,  basins, 
reservoirs,  canals,  tunnels,  bridges,  culverts,  cribs,  embank- 
ments, headworks,  flumes,  aqueducts,  pipes,  pumps,  and  any 
contrivance  for  carrying  or  conducting  water  or  other  works 
which  are  authori2ed  to  be  constructed  under  the  provisions 
of  this  Act. 

(f.)  The  expression  "duty  of  water"  means  the  area  of 
land  that  a  unit  of  water  will  irrigate,  which  unit  is  the  dis- 
charge  of  one  cubic  foot  of  water   per  second. 

Sec.  3.  This  Act  shall  apply  to  and  be  in  force  throughout 
the  Northwest  Territories. 

Sec.  d.  The  property  in  and  the  right  to  the  use  of  all  the 
water  at  any  time  in  any  river,  stream,  watercourse,  lake, 
creek,  ravine,  canon,  lagoon,  swamp,  marsh  or  other  body  of 
water  shall,  for  the  purposes  of  this  Act,  be  deemed  to  be 
vested  in  the  Crown,  unless  and  until  and  except  only  so  far 
as  some  right  therein,  or  the  use  thereof,  inconsistent  with 
the  right  of  the  Crown,  and  which  is  not  a  public  right  or  a 
right  common  to  the  public,  is  established;  and,  save  in  the 
exercise  of  any  legal  right  existing  at  the  time  of  such  diver- 
sion or  use,  no  person  shall  divert  or  use  any  water  from  any 
river,  stream,  watercourse,  lake,  creek,  ravine,  canon,  lagoon, 
swamp,  marsh  or  other  body  of  water,  otherwise  than  under 
the  provisions  of  this  Act. 

2.  The  said  Act  shall  be  read  and  construed  as  if  the  section 
hereby  substituted  had  originally  formed  a  part  thereof  instead 
of  the  section  hereby  repealed.    (58-59  V,,  c.  33,  s.  2.) 

Sec.  5.  Except  in  pursuance  of  some  agreement  or  under- 
taking existing  at  the  time  of  the  passing  of  this  Act,  no 
grant  shall  be  hereafter  made  by  the  Crown  of  lands  or  of  any 
estate,  in  such  terms  as  to  vest  in  the  grantee  any  exclusive 
or  other  property  or  interest  in  or  any  exclusive  right  or  priv- 
ilege with  respect  to  any  lake,  river,  stream  or  other  body  of 
water,  or  in  or  with  respect  to  the  water  contained  or  flowing 
therein,   or  the  land  forming  the  bed  or  shore  thereof. 


CONSOLIDATED  IRRIGATION  ACT. 


S4S 


Sec.  6.  After  the  passing  of  this  Act,  no  right  to  the  per- 
manent diversion  or  to  the  exclusive  use  of  the  water  in  any 
river,  stream,  watercourse,  lake,  creek,  ravine,  canon,  lagoon, 
swamp,  marsh  or  other  body  of  water,  shall  be  acquired  by 
any  riparian  owner  or  any  other  person  by  length  of  use  or 
otherwise  than  as  it  may  be  acquired  or  conferred  under  the 
provisions  of  this  Act,  unless  it  is  acquired  by  a  grant  made 
m  pursuance  of  some  agreement  or  undertaking  existing  at  the 
time  oi  the  passing  of  this  Act. 

Sec.  7.  Except  for  domestic  purposes,  as  hereinafter  de- 
scribed, every  person  who  holds  water  rights  of  a  class  similar 
to  those  which  may  be  acquired  under  this  Act,  or  who,  with 
or  without  authority,  has  constructed  or  is  operating  works  for 
the  utilization  of  water,  shall  obtain  a  license  or  authorization 
under  this  Act  before  the  first  day  of  July,  one  thousand  eight 
hundred  and  ninety-six.    (58-59  V.  c.  33,  s.  3.) 

2.  If  such  license  or  authorization  is  obtained  within  the 
time  limited,  the  exercise  of  such  rights  may  thereafter  be 
continued,  and  such  works  may  be  carried  on  under  the  provi- 
sions of  this  Act,  otherwise  such  rights  or  works,  and  all  the 
interest  of  such  person  therein,  shall  without  any  demand  or 
proceeding  be  absolutely  forfeited  to  Her  Majesty  and  may  be 
disposed  of  or  dealt  with  as  the  Governor  in  Council  sees  fit. 

3.  The  application  for  such  license  or  authorization  shall 
be  made  in  the  same  manner  as  for  other  licenses  or  authoriza- 
tion under  this  Act,  and  the  like  proceedings  shall  be  had 
thereon  and  the  like  information  furnished  in  connection  there- 
with. 

Sec.  8.  Any  water  the  property  in  which  is  vested  in  the 
Crown  may  be  acquired,  for  domestic,  irrigation,  or  other  pur- 
poses, upon  application  therefor  as  hereinafter  provided;  and 
all  applications  made  in  accordance  with  the  provisions  of 
this  Act  shall  have  precedence,  except  applications  under  sec- 
tion seven,  according  to  the  date  of  filing  them  with  the  agent, 
if  for  the  same  purpose,  but  not  otherwise. 

2.  The  purposes  for  which  the  right  to  water  may  be  ac- 
quired are  of  three  classes,  namely:  First,  domestic  purposes, 
which  shall  be  taken  to  mean  household  and  sanitary  purposes 
and  the  watering  of  stock,  and  all  purposes  connected  with  the 
working;  of  railways  or  factories  by  steam,  but  shall  not  in- 
clude the  sale  or  barter  of  water  for  such  purposes;  second, 
irrigation  purposes;  and  third,  other  purposes. 


t 


I 


i» 


i  I 


S46 


NORTHWEST  TERRITORY. 


3.  Applications  shall  have  precedence  in  this  order  irre- 
spective of  the  date  of  filing,  so  that  all  applications  for  do- 
mestic purposes  shall  have  the  precedence  of  all  those  for  irriga- 
tion and'  other  purposes,  and  all  applications  for  irrigation  pur- 
poses shall  have  precedence  of  all  those  for  purposes  within 
the  third   class. 

Sec.  9.  No  application  for  any  purpose  shall  be  granted 
where  the  proposed  use  of  the  water  would  deprive  any  per- 
son owning  lands  adjoining  the  river,  stream,  lake  or  other 
source  of  supply  of  whatever  water  he  requires  for  domestic 
purposes. 

Sec.  10.  When  any  person  abandons  or  ceases  to  use  any 
waters  acquired  by  him  for  the  purposes  for  which  they  were 
acquired,  or  wastes  such  waters,  his  right  to  use  them  shall 
ce»se. 

Sec.  II.  Any  person  contemplating  or  projecting  any 
works  under  this  Act,  may,  upon  submitting  a  general  descrip- 
tion of  such  works  and  upon  payment  of  a  fee  of  five  dollars, 
obtain  from  the  agent  a  license  to  do  the  necessary  preliminary 
work  in  connection  with  the  location  of  such  works;  and  after 
he  obtains  such  license  may,  with  such  assistants  as  arc  neces- 
sary, enter  into  and  upon  any  public  or  private  lands  to  take 
levels,  make  surveys,  and  do  other  necessary  work  in  cauuc- 
tion    with    such    location,    doing    no    unnecessary    damage. 

Sec.  12.  Except  as  hereinafter  provided,  any  company  ap- 
plying for  a  license  or  authorization  under  this  Act  shall  nie 
with  the  minister  and  the  agent  a  memorial  setting  forth  the 
names  of  its  shareholders  and  their  places  of  resiJenct,  ihe 
date  and  manner  of  its  incorporation,  the  names  of  its  di- 
rectors and  o/ficers  and  their  places  of  residence,  the  aniuunt 
of  the  company's  subscribed  capital  and  the  amount  of  i;s 
paid-up  capital,  the  proposed  method  of  raising  further  :u:.di, 
if  needed,  and  the  purposes  for  which  the  company  is  mcjip^^- 
rated.     (s8-.5q   V.   c.   33,   s.  4.) 

2.  If  the  applicant  is  not  an  incorporated  company,  the 
memorial  shall  set  forth  his  name,  residence  and  occupation, 
and  such  particulars  as  to  his  financial  standing  as  shall  e:?tab- 
lish  to  the  satisfaction  of  the  minister  his  ability  to  carry  out 
the  proposed  undertaking. 

3.  The  memorial  shall  also  state  the  name  of  any  r  ver, 
stream   or   other   source   of   supply   from   which   water    is   to  be  I 


CONSOLIBATED  IRRIGATION  ACT. 


,.  -""*'j/\llt)N  APT 

-r;^,:'':.  «r ""  r --  «">-.  „,  ..„ '  •    "' 

«bl«  quant  ty  of  "  ,     """^  ="-•«  <"  wattr  ,?,     ,*  "'''"""'  »' 

undertakine   °^rf"^    ?  ""^  '""^'ructed  for  ih,  '•'""ion; 

'he  Purpolf  .rthth  r'"^  "'  "•'  "■""  It  n?a"rT"  °'  "" 
proposed   r^..  .      .       ""'  ^"■'i  water  is  ,^  T  ^*  """y  be; 

consumers     ,L        "'   '^'•^'•«"'    '"r   it;    thl    ^\'lf'^-  -"d  the 

dally   i'Ltt    P™'-"'"'  l-antity  „/  ,Zt  fh",    ""  """">"   »« 

other  and  further  par.  cu L  a"      "''"*   ""P™veme„,f '    j'  ""^ 

rivers.  streaL  !  '""''  ^y  such  waL  ,»,  ,^  """"■  ^how- 
-d  tie  prSle  ;  °'""  ^"""^  "7 taler  "'t"""  °'  -" 
"on  and'^.rea  o^ j°"'-»  <"  "«  Proposed  ."ks'af'  J""""' 
"eated  for  the  .      "^  "*"'•  "^'fyoirs  or  bl^if  °  ""^  P"''" 

,„a.  e«.ct.^  —  Of  storin.  wa.^r^r^^^X  to^be 

•"-ty.five  cubir,e«  "of  '""'"'  ^  "-,s   carrying  „o     '    , 
»l>ove    information    ,L         ";'"  ""  =«o„d.   i„     'Z,  "'^"- 

-nt'to^^^t^itr'"^ "---."  nT:;rtuffi  '"■™'^  '-• 

"here   where   ^r,  ^^'    ParticuJarJv   nn      . 7      '^  ''^^  ^l'-."i 

*""  bottom  of  the  ditch 


548 


NORTHWEST  TERRITORY. 


to  the  surface  of  the  ground  is  less  than  double  the  bottom 
width  of  the  ditch  at  that  point.  The  plan  shall  be  drawn  on  a 
horizontal  and  vertical   scale  of   one   inch   to   twenty   feet. 

7.  Plans  of  any  dams,  cribs,  embankments  or  other  works, 
proposed  to  obstruct  any  river,  stream,  lake,  or  other  source  of 
vrater  supply,  or  in  order  to  create  a  pond,  reservoir  or  basin 
of  water  anywhere,  or  which  may  have  that  effect,  shall  be 
prepared  on  a  longitudinal  scale  of  not  less  than  one  inch  to 
one  hundred  feet,  and  for  cross-sections  on  a  scale  of  not  less 
than  one  inch  to  twenty  feet,  and  shall  show  what  material  is 
intended  to  be  used  and  how  placed  in  such  works.  The  tim- 
ber, brush,  stone,  brick  or  other  material  used  in  such  works 
shall  be  shown  in  detail  on  a  plan,  the  scale  of  which  shall  be 
not  less  th.'in  one  inch  to  four  feet. 

8.  Cross-section,  maps  or  plans  showing  the  surface  of  the 
ground  under  such  pond,  reservoir  or  basin  of  water,  and  also 
the  surface  of  the  water  proposed  to  be  held  therein;  the  hori- 
zontal scale  of  the  said  maps  or  plan  ^hall  be  not  less  than 
one  inch  to  one  hundred  feet;  and  the  vertical  scale  shall  be 
aiot  less  than  one  inch  to  twenty  feet;  and  a  sufhcient  number 
of  lines  of  levels  shall  be  shown,  so  that  the  contents  of  the 
pond,  reservoir  or  basin  of  water  may  be  accurately  deter- 
jnined.  If  the  maps  or  plans  show  the  levels  by  contour  lines, 
they  shall  be  on  a  .scale  sufficiently  large  that  the  contour  lines, 
;showing  a  vertical  distance  between  them  not  exceeding  one 
tfoot,  may  be  accurately  delineated.  The  maps  or  plans  shall 
Jiave  sufficient  information  to  show  dearly  the  property  likely 
tto  be  affected  by  the  creation  of  such  ponds,  reservoirs  or 
Jbasins  of  water,  and  the  manner  in  which  affected,  and  shall 
ishow  in  detail  such  other  particulars  as  the  minister  or  the 
•Governor  in  Council  sees  lit  to  order;  and  there  shall  also  be 
ifurnished  a  plan,  on  a  scale  of  not  less  than  one  inch  to  four 
feet,  showing  the  proposed  manner  of  controlling  and  drawing 
off  the   water   from   any   such   pond,    reservoir   or   basin. 

Sec.  13.  The  memorial  and  maps  or  plans  shall  be  made  in 
duplicate  and  signed  by  the  applicant,  or,  if  the  applicant  is  a 
company,  by  the  execeutive  officers  thereof,  and  shall  be  filed 
after  having  been  first  submitted  for  correction  and  approval 
to  some  duly  qualified  officer  of  the  Department  of  the  In- 
terior to  be  named  by  the  Minister,  one  copy  with  the  min- 
ister and   the   other  copy   with   the  agent,   and   the   same  or  a 


CONSOLIDATED  IRRIGATION  ACT. 


549 


true  copy  thereof  shall  be  open  for  examination  by  the  public 
at  all  times  in  the  Department  of  the  Interior  at  Ottawa,  andtt 
at  the  office  of  the  agent. 

2.  In  any  case  where  he  thinks  proper,  the  minister  may- 
direct  that  a  copy  be  also  filed  in  such  other  place  or  with 
such  other  official  or  person  as  he  names  for  that  purpose,  and 
such   copy  also  shall   be  open  to  public  inspection. 

3.  The  applicant  shall  forthwith  give  public  notice  of  such 
filing;  such  notice  shall  contain  a  statement  of  the  nature  of 
the  rights  applied  for  and  the  general  location  and  character 
of-  the  proposed  works,  and  shall  be  published  once  in  the 
Canada  Gazette,  and  not  less  than  once  a  week  for  a  period  of 
not  less  than  thirty  days  nor  more  than  ninety  days,  as  the 
minister  determines,  in  some  newspaper  published  in  the  neigh- 
borhood of  the  proposed  works  and  to  be  named  by  the  agents 
and  all  objections  to  the  proposed  works  shall  be  forwarded 
to   the   minister   within   such   period. 

4.  The  minister  shall  consider  all  objections  filed  and  report 
thereon  to  the  Governor  in  Council,  who  may  thereupon  by 
Order  in  Council  authorize  the  construction  of  the  said  work* 
with  such  changes  or  variations  as  are  deemed  necessary. 
(58-59  v.,  c.  32,  s.  s»  part.) 

Sec.  13A.  The  applicant  for  a  license  for  a  ditch  of  less 
capacity  than  ten  cubic  feet  of  water  per  second  shall  not  be 
required  to  provide  the  memorial  and  maps  and  plans  called  for 
by  section  twelve  of  this  Act.  or  to  give  the  notice  in  the  Can- 
ada Garette  required  by  section  thirteen  of  this  Act,  but  shall 
file  with  the  minister  and  the  agent  a  written  statement  setting? 
forth  his  name  and  residence,  the  source  from  which  water  is 
to  be  diverted,  the  point  of  diversion,  the  probable  quantity  of 
water  to  be  used,  the  size  and  slope  of  the  ditch,  the  works 
proposed  to  be  constructed  for  the  purposes  of  the  undertak- 
ing, a  description  of  the  land  upon  which  the  water  is  to  be 
used,  and  such  other  and  fuller  particulars  as  may  be  needful 
to  a  full   understanding   of   the   scheme. 

2.  Attached  to  the  statement  shall  be  a  general  plan  on  a 
scale  of  not  less  than  one  inch  to  a  half-mile,  showing  the 
source  of  supply,  the  position  of  proposed  headworks,  the  lo- 
cation of  the  ditch,  the  tract  of  land  to  be  irrigated  through 
the  proposed  scheme,  and  the  position  and  area  of  any  and  alt 
ponds,  reservoirs  and  basins  intended  to  be  constructed  fo» 
the  storage  of  water. 


f 


l\ 


i\ 


U\ 


ii 


J.'iO 


NORTHWEST  TERRITORY. 


'a  There  shall  also  be  filed  with  the  statement,  plans  in  de- 
*Uail  of  bridges  or  culverts  necessary  for  road  or  farm  cross- 
ings over  or  under  the  proposed  works;  also  plans  in  detail  of 
flumes,  headworks,  dams,  or  other  structures  to  be  erected  in 
connection  with  the  proposed  works — such  plans  to  be  on  a 
jscale  of  not  less  than  one  inch  to  four  feet. 

4.  Public  notice  of  such  filing  shall  forthwith  be  given  by 
rthe  applicant,  in  some  newspaper  published  in  the  neighbor- 
hood to  be  named  by  the  agent,  not  less  than  once  a  week  for* 

.a  period  not  exceeding  thirty  days,  within  which  time  all  pro- 
tests against  granting  the  rights  applied  for  shall  be  forwarded 
ito   the   minister. 

5.  The  minister,  after  considering  all  objections  filed,  may 
.autliorize  the  construction  of  said  works  with  such  changes  or 
wariations  as  are  deemed  necessary.  (58-59  V.,  c.  33,  s.  5, 
•part.) 

Sec.  14.  Any  works  authorized  under  this  Act  shall,  if  the 
minister  so  determines,  be  constructed  subject  to  inspection 
<Iuring  construction  from  time  to  time,  and  on  completion, 
and  at  any  time  thereafter,  by  an  officer  to  be  named  by  the 
minister;  and  the  cost  of  such  inspection  or  such  portion 
thereof  as  the  minister  decides  shall  be  borne  by  the  company 
constructing  such  works. 

2.  Should  any  person  residing  on  or  owning  land  in  the 
neighborhood  of  any  works,  either  completed  or  in  course  of 
construction,  apply  to  the  minister  in  writing  desiring  an  in- 
spection of  such  works,  the  minister  may  order  an  inspection 
ithereof. 

3.  The  minister  may  require  the  applicant  for  inspection  to 
make  a  deposit  of  such  sum  of  money  as  the  minister  thinks 
diecessary  to  pay  the  expenses  of  an  inspection,  and  in  case 
tthe  application  appears  to  him  not  to  have  been  justified  may 
cause  the  whole  or  part  of  the  expenses  to  be  paid  out  of  such 
ideposit. 

4.  In  case  the  application  appears  to  the  minister  to  have 
2)een  justified,  he  may  order  the  company  to  pay  the  whole  or 
any  part  of  the  expenses  of  the  inspection,  and  such  payment 
may  be  enforced  as  a  debt  due  to   Her   Majesty. 

5.  Upon  any  inspection  under  the  provisions  of  this  section 
the  minister  may  order  the  company  to  make  any  addition  or 
^Iteration    which    he    considers    necessary    for    their    security    to 


or  in  ar 
order  w 
with  res 
four  of 

Sec.   I 
fur    by 
approval 
public  nc 
li^'hed   in 
ljy    the 
nientionec 
as  the  Go 
time,  with 
siiall    be 
such  news 
'lie    work, 
book  speci 
lt>r   his   dii 
inspection. 
'T'piied   or 
tile-  territor 
«itli   each  j 
*.5«-59    v.,    c 
^-    Any  I 
<-'Jiincil    res 
Jil(.d   by  the 
'1  I'l^^rtion   01 
■i-     -Vo  m 
wuhout  pern 
devi.-ition  is 
isttr  or  such 
^tc.    16.     ' 
'iuii   of  such 
ciition    and    c 
purposes    of 
powers   confe: 
so   far   as    th< 
company   and 
•"^ct   or    with 
sion  conferrin 
'er  to  any  wo: 
'f''  tM  the  rail 


CONSOLIDATED  IRRIGATION  ACT 

or  in  any  works  of  tU.  «' 

-d-  „,ay  be  dealt  withTn'^e '"'  "°"-"^P''ance  with  such 
;'^^  7^Pect  to  an  order  of  the  ""-  '"'"""  ^'  '«  Prov  del 
f-|  of  this  Act.  °'  *'^^  "^'"'ster  under  section   th.rt/ 

:  "'   t"  published   i„   no,   leL^f  '''  '"-npleted.    Such  „o,ke 

'1  ed  or  the  waters  to   be  used   th/^   '^'    ^^^^^   ^«   to    be 

l/rch"'  '^"'^"^^  ^<^  4  one  alent         '"  "°^  ^-«"^<i   to 
T-al       ^*^'"'  '"   ^^h^se  territory  .n'  ^  ''"°"^  "^"^^  ^e  filed 
^-^«-9  2;  "•  ^^'  ^-   6-)  "^  """^  *^"^^°^  •«  situate 

^->ncil  Tegtdinr  the^^  ^^^^''^ns  ordered   by  the   C 

'  r^"-  of  the  record"  ^pntrp^ubL'^^^^"^'  ^"^  ^^^"  ^^ 
-     -^o  material  deviating  <  P"""c  inspection 

•-'■«u  permission,  a"d"„v  l?"'"'  "'^"^  «'=<!  »hall  be  n,,H 

iMii  of  sucli  ],...  '^""'P^"J''    immediately  offfr  .u     . 

cmio.1  and  V       "="'»"«<'  "otice.  ma/nr^  ^^  '"'  P^^lica. 

^"-oie  'of':::;™!"""  °' "-  -or:::^JZTj^  t.  '^  "'• 
rr  ar.;r-  ^-- -^^^^^  Terror-"  -:  iti 

sion  r  ,      ■    ""  ""'hority   given    tr,^  Provisions  of  this 

■'^  .■.,.he\ar,wa;.    ""  """'"•''  -""'  '"  '-e tid" Z°The';  r"' 


IS 


l52 


NORTHWEST  TERRITORY. 


Sec.  17.  The  construction  of  any  work  authorized  unrler  this 
Act  shall  be  commenced  not  later  than  two  months  after  the 
last  publication  of  such  last-mentioned  notice,  unless  such  two 
months  expire  between  the  first  day  of  November  and  the  first 
day  of  May  following,  in  which  case  the  time  of  commencement 
shall  not  be  later  than  the  first  day  of  May  following,  and 
shall  proceed  continuously  until  sufficiently  completed  to  sup- 
ply water  to  all  applicants  withm  the  area  described  m  the 
authorization,  provided  there  is  sufficient  water  available  for 
that  purpose;  and  the  minister  or  such  officer  as  he  designate:,, 
shall  be  the  sole  arbiter  as  to  whether  the  work  is  being  prose- 
cuted  with  sufficient  vigor. 

2.  Should  any  unforeseen  disaster  intervene  to  prevent  the 
construction  or  completion  of  the  works  within  the  time  lim- 
ited, or  for  any  other  reasons  which  he  deems  sufficient,  the 
Governor  in  Council  may  authorize  an  extension  of  time  for  the 
commencement    or    completion    of    the    works. 

3.  Upon  the  expiration  of  the  time  limited  for  the  comple- 
tion of  the  works,  the  rights  granted  to  the  company  shall 
cease  and  determine,  except  in  so  far  as  they  are  necessary  for 
efitectually  operating  the  works  then  completed;  and  any  works 
at  the  date  of  such  forfeiture  constructed  or  acquired  by  it 
may  be  taken  over  and  operated  or  disposed  of  by  the  Gov- 
ernor in  Council  in  the  manner  and  upon  the  terms  hereinafter 
provided. 

Sec.  18.  When  any  works  for  carrying  water  are  not  of  suf- 
ficient capacity  to  carry  the  quantity  of  water  acquired  by 
their  owner,  his  exclusive  right  shall  be  limited  to  the  quantity 
which  such  ditch,  flume  ur  other  contrivance  is  capable  of  car- 
rymg;  and  in  case  of  dispute  as  tc  such  quantity  the  minister 
may  order  an  inspecion  jf  the  works;  and  the  report  and  find- 
ing of  the  inspecting  ofiicer  as  to  the  capacity  thereof  shall, 
for  the  purposes  of  this  section,  be  final  and  conclusive. 

Sec.  19.  Companies  which  acquire  the  right  to  use  o  divert 
water  from  any  river  or  other  source  of  supply  shall,  subject  to 
the  provisions  of  section  eight,  have  priority  among  them- 
selves according  to  the  date  of  their  licenses  or  authorizations, 
so  that  each  company  shall  be  entitled  to  receive  the  whole 
of  the  supply  to  which  its  license  or  authorization  entitles  it, 
or  to  the  amount  of  water  which  its  workr-  will  carry,  or  to  the 
amount  of  water  required  by  the  land   on  which   it   is  applied. 


CONSOLIDATED  IRRIGATION  ACT. 


553. 


whichever  is  the  smaller  amount,  before  any  company  whose  li- 
cense or  authorization  is  of  a  later  date  has  any  claim  to  a  sup- 
ply; and  should  complaint  be  made  to  the  minister,  or  to  an 
ofticer  authorized  by  him  to  receive  such  complaints,  that  any 
company  is  receiving  water  from  such  source  of  supply  to 
which  another  company  is  entitled  by  virtue  of  priority  of  rights 
and  that  the  company  having  such  priority  of  right  is  not  re- 
ceiving the  supply  to  which  it  is  entitled,  some  officer  to  be 
named  by  the  minister  or  the  officer  to  whom  complaint  is  so 
made,  as  the  case  may  be,  shall  inquire  into  the  circum- 
stances of  the  case,  and  if  he  finds  thaf  there  is  ground  for 
the  complaint  shall  cause  the  head-gates  of  the  ditch  or  other 
works  of  the  company  which  is  receiving  an  undue  supply  of 
water  to  be  closed  so  that  the  supply  to  which  the  other  com- 
pany is  entitled  shall  pass  and  flow  to  its  works. 

Sec.  20.  Every  company  and  the  officers  and  directo-s  thereof 
shall  afTord  to  any  inspecting  officer  such  information  as  is 
within  their  knowledge  and  power  in  all  matters  inquired  into 
by  him,  and  shall  submit  to  such  inspecting  officer  all  plans, 
specifications,  drawings  and  documents  relating  to  the  construc- 
tion, repair  or  state  of  repairs  of  the  works  or  any  portion 
thereof. 

2.  The  production  of  instructions  in  writing  signed  by  the 
minister  or  nis  deput>  or  the  secretary  of  the  Department  of 
the  Interior,  shall  be  sufficient  evidence  of  the  authority  of  sucit 
inspecting   officer. 

J.  Every  person  who  wilfully  obstructs  an  inspecting  officer 
in  the  execution  of  his  duty  shall  be  liable,  on  summary  con- 
viction, to  a  penalty  not  exceeding  twenty  dollars,  or  to  im- 
prisonment for  a  term  not  exceeding  two  months,  with  or 
without  hard  labor,   or  to  both. 

Sec.  21.  Lands  required  for  the  wo^ks  of  the  company,  as 
shown  by  the  maps  and  plans  filed,  in  whomsoever  they  are 
vested,  whether  in  Her  Majesty  or  in  any  company  under 
this  Act,  or  in  any  railway  company,  or  in  any  other  person. 
whomsoever,  or  any  inerest  in  or  right  or  privilege  with  re- 
gard to  such  land  which  is  so  required,  may  be  taken  and  ac- 
quired by  the  company;  and  to  this  end  all  the  provisions  of 
ilie  Railway  Act  which  and  so  far  as  they  are  applicable  to 
such  taking  and  acquisition,  shall  apply  as  if  they  were  includ- 
ed in  this  Act,  the  Minister  of  the  Interior  and  the  Department 
'^f  the   Interior  being   substituted   for  the   Minister  of    Railways 


1'^' 


.354 


NORTHWEST  TERRITORY. 


-and  Canals  and  the  Department  of  Railways  and  Canals,  re- 
spectively, whe/ever  in  the  provisions  of  the  said  Act  the  latter 
minister  and  department  are  referred  to :  Provided,  that  the 
Minister  of  the  Interior  may  impose  such  terms  and  conditions 
as  he  thinks  proper  in  the  public  interest  in  connection  with 
the  acquisition  under  this  section  of  any  lands  which  are  vested 
in  any  company  under  this  Act,  or  in  any  railway  company,  or 
of  any  interest  in  such  lands  or  any  right  or  privilege  affecting 
such  lands. 

2.  All  the  provisions  of  the  Railway  Act  which  are  appli- 
cable shall  in  like  manner  apply  to  fixing  the  amount  of  and  the 
payment  of  compensation  for  damages  to  lands  arising  out  of 
the  construction  or  maintenance  of  the  works  of  the  company 
or  the  exercise  of  any  of  the  powers  granted  to  the  company 
under  this  Act. 

Sec.  22.  All  maps,  plans  and  books  of  reference  showing 
any  lands  necessary  to  be  acquired  under  the  provisions  of  this 
Act,  by  any  person  or  company  for  right  of  way  or  for  any 
purpose  in  connection  with  the  construction  and  maintenance 
of  their  works  must  be  signed  and  certified  correct  by  a  duly 
qualified  Dominion  land  surveyor.  Such  maps,  plans,  and 
books  of  reference  shall  be  forwarded  in  duplicate  to  the  De- 
partment of  the  Interior,  and  after  examination  and  approval 
by  the  proper  officer,  one  copy  shall  be  filed  in  the  Department 
of  the  Interior  and  the  other  registered  by  the  applicant  in  the 
registry  office  for  the  land  titles  district  within  which  the  lands 
affected  by  such   surveys  are  situated.     (58-59  V.,  c.   ZZ>   s.   7.) 

Sec.  21.  The  minister  or  such  officer  as  he  designates  shall, 
in  case  of  dispute,  be  the  sole  arbiter  as  to  the  area  of  land 
which  may  be  taken  by  the  company  without  the  consent  of 
the  owner  for  any  purpose  in  the  construction  or  maintenance 
of   its   works. 

Sec.  24.  Every  person  who  interrupts,  molests,  or  hinders 
in  his  work  any  engineer  or  Dominion  land  surveyor  engaged 
in  making  surveys  or  levels,  or  in  other  operations  in  connection 
with  any  work  authorized  under  this  Act,  is  guilty  of  an  of- 
iense,  and  liable  on  summary  conviction  to  a  penalty  not  ex- 
ceeding twenty  dollars,  or  to  imprisonment  for  a  term  not 
■exceeding   two   months,   or   both. 

Sec.  25.  No  company  authorized  to  divert  the  water  of 
any  river,  stream,  lake  or  other  waters  shall  divert  more  water 
than   the   quantity  actually  required  for   the  purpose   authorized 


CONSOLIDATED  IRRIGATION  ACT. 


555 


.and  any  company  or  officer  or  employee  thereof  so  doing  shall 
be  guilty  of  an  offense  punishable  on  summary  conviction  by 
.^  fine  not  exceeding  five  dollars  per  day,  or  fraction  of  a  day, 
ior  each  unit  or  fraction  of  a  unit  of  water  so  diverted. 

2.     In   case  of  dispute  as  to  the  quantity  of   water   diverted, 
ihe  minister  may  order  an  inspection  of  the  works  of  the  com- 
pany  by   an   officer   named   by   him   for   that  purpose;    and   for 
the  purposes  of  this  section  the  report  and  finding  of  such  of- 
hcer   as   to  the  quantity  diverted   shall  be  final  and  conclusive. 
Sec.   26.     Every   -person   who,   without  authority,   takes   or   di- 
\erts  any   water  from  any  river,   stream,   lake,   or  other   waters 
ir  from  any  works  authorized  under  this  Act,  or  who  takes  or 
viction  to  a  fine  not  exceeding  five  dollars  per  day  or  fraction 
titled  to,  is  guilty  of  an  offense  and  liable  upon  summary  con- 
viction to  a  fine  not  exceeding  five  dollars  per  day  or  fraction 
t  a  day   for  each  unit  or  fraction  of  a  unit  of  water  improp- 
erly   diverted,    or    to    imprisonment    for    a    term    not    exceeding 
thirty   days,  or  to  both,  and  upon  indictment  to  a  fine  not  ex- 
'  'ing  five  dollars  per  day  or  fraction  of  a  day  for  each  unit 
r       .ction   of  a   unit   of   water   improperly   diverted,   or   to   im- 
prisonment for  a  term  not  exceeding  thirty  days,  or  to  both. 

Sec.  27.     When  any  company  abandons  or  ceases  to  use  any 
waters  acquired  by  it  for  the  purposes  for  which  they  were  ac- 
juired,    and    any    charge    of    such    abandonment    or    ceasing    to 
i^t    water    is    made    to   the    minister,    such    charge    may    be    in- 
1 1'.rcd   into   by  him   or   by  any   person   or   officer  appointed   by 
iiin.    for    that    purpose;    and    the   minister    shall    submit    his    re- 
port  upon    such    inquiry   to   the   Governor   in   Council,   and   the 
■iuvernor  in   Council   may  make  such  order  in  the  premises  as 
e   Jeenis   just   and    proper;    and   if   the     Governor    in     Council 
iiouJd,   as   he    may,    by   such  order   declare   a   forfeiture   of  the 
^ht    of    the    company    offending   to    the    use   of   the   water   au- 
Mur  zed,   the  right  so  ordered  or  declared  to  be  forfeited  shall 
a-t   and   determine. 

Sec.  i{8.  Any  company  having  the  right  to  the  use  of  water 
:  irrigation  or  other  purposes  shall  dispose  of  any  surplus 
Aa'.t.r  fiovving  in  its  works  which  is  nut  being  utilized  or  used 
'T  'he  purposes  authorized,  to  any  person  applying  therefor 
^jr  .rrigation  purposes  and  tendering  payment  for  one  month 
'11  advance  at  the  regular  prices. 

-     Persons    so    applying    shall    pay    an   amount    equal    to    the 
^  '^t   and  expense  of  the  works  required  to  convey  the  surplus 


it..' 


It 


:H- 


il'; 


556 


NORTHWEST  TERRITORY. 


water  to  them,  or  shall  themselves  construct  such  works;  and 
until  this  is  done  the  delivery  of  surplus  water  need  not  be 
made. 

3.  When  the  necessary  works  have  been  constructed  and 
the  payment  or  tender  herein  provided  for  has  been  made,  the 
applicant  shall  be  entitled  to  the  use  of  so  much  of  the  surplus 
water  as  such  works  have  the  capacity  to  carry. 

4.  Nothing  in  this  section  shall  be  construed  to  give  to  any 
person  acquiring  the  right  to  use  surplus  water  any  right  to 
the  said  surplus  water  when  it  is  needed  by  the  company  for 
the  purposes  authorized,  or  to  waste  or  sell  or  dispose  thereof 
after  being  used  by  him,  or  shall  prevent  the  original  owners 
from  retaking,  selling  or  disposing  thereof  in  the  usual  or  cus- 
tomary manner  after  it   has  been  so  used  as  aforesaid. 

Sec.  20.  No  company  undertaking  to  sell  water  conveyed 
by  its  works  shall,  subsequent  to  the  first  four  years  after  the 
cc!:.struction  of  such  works  as  are  necessary  to  convey  the  water 
to  the  user,  discriminate  between  the  users  of  such  water  re- 
jj^arding  the  price  thereof. 

2.  If  from  any  cause  the  whole  amount  of  water  agreed  to 
be  supplied  by  a  company  is  not  available,  then  each  user 
shall  have  furnished  to  him  by  the  company  so  much  water 
as  shall  bear  to  the  available  water  the  same  proportion  as  his 
usual  supply  bears  to  the  whole  amount  agreed  to  be  fur- 
nished. 

3.  Any  company  violating  these  provisions  shall  be  guilty 
of  an  otfense  against  this  Act  and  liable  upon  summary  con- 
viction to  a  fine  not  exceedmg  one  thousand  dollars  for  each 
and  every  such  olifense,  or  to  imprisonment  for  a  period  not 
exceeding    two    months,    or   to    both. 

Sec.  30.  The  minister  may  grant  to  any  company  the  right 
to  store  for  irrigation  purposes  during  periods  of  floods  or 
high  water,  or  during  those  portions  of  the  year  when  water  is 
not  required  for  irrigation  purposes,  any  water  not  being  used 
during   such   periods. 

2.  Should  there  be  any  works  for  the  carriage  of  water  which 
are  not  being  utilized  to  their  full  capacity  by  their  owner, 
and  which  can  with  advantage  be  utilized  to  carry  the  whole 
or  any  portion  of  the  water  desired  to  be  stored  any  portion  of 
the  distance  it  is  required  to  be  so  carried  or  conducted,  witli- 
out  interfering  with  the  use  made  of  the  said  works  by  their 
owner,  then  the  said  works  shall  be  placed  at   the  disposal  of 


CONSOLIDATED  IRRIGATION  ACT. 


557 


the  company  desiring  to  so  use  it;  and  if  the  parties  cannot 
agree  to  the  compensation  to  be  paid  for  such  service,  the  min- 
ister may  fix  the  rate  to  be  paid  therefor. 

Sec.  31.  Any  person  or  company  constructing  any  works 
under  the  provisions  of  this  Act,  shall  during  such  construction 
keep  open  for.  safe  and  convenient  travel  all  public  highways 
theretofoj-e  publicly  traveled  as  such,  when  they  are  crossed  by 
such  works,  and  shall,  before  water  is  diverted  into,  conveyed 
or  stored  by  any  such  works  extending  into  or  crossing  any 
such  highway,  construct,  to  the  satisfaction  of  the  minister,  a 
substantial  bridge,  not  less  than  fourteen  feet  in  breadth,  with 
proper  and  sufficient  approaches  thereto,  over  such  works;  and 
every  such  bridge  and  the  approaches  thereto  shall  be  always 
thereafter  maintained  by  such  person  or  company. 

Sec.  32.  Under  this  Act  the  discharge  of  one  cubic  foot  of 
water  per  second  shall  be  the  unit  of  measurement  of  flowing 
water,  and  the  cubic  foot  or  acre  foot,  the  unit  of  measure- 
ment of  quantity.  The  acre  foot  is  equivalent  to  forty-three 
thousand  five  hundred  and  sixty  cubic  feet. 

Sec.  33.  Companies  constructing  and  operating  works  under 
this  Act  shall,  on  or  before  the  thirty-first  day  of  January  in 
<ach  year,  make  a  return  to  the  minister,  attested  by  the  oath 
of  its  president  and  secretary,  for  the  year  ending  the  thirty- 
first  day  of  December  preceding,   showing: 

The  amount  expended  on  construction. 

The  amoui\t  expended  on  repairs. 

The   amount   received   from   shareholders. 

The   amount   of   bonds   issued. 

The    amount    received    for    water    supplied    for    irrigation. 

The  amount  received   from   other   sources. 

The  amount  of  dividend  declared  and  paid. 

The    amount    of   capital   stock   authorized. 

Die   amount   of   capital   stock   subscribed. 

The  amount  of  capital  stock  paid   up  to  date. 

The    amount    of    bonded    indebtedness.  ' 

The   amount    bonds    sold   for. 

Tlie  rate  of   interest  bonds  bear. 

The  amount  of  indebtedness  other  than  bonds,  and  ihe  rate 
of  interest  such  indebtedness  is   bearing. 

The    cost    of    management. 

A  statement  of  the  works,  and  their  extent  and  character. 
Ilie    numoer    of   miles   of   canals,    ditches,    etc 


iii 


ui 


'fl 


558 


NORTHWEST  TERRITORY. 


The  number  of  users. 

The  number  of  acres  actually  under  irrigation. 

The   number  of   acres   of   irrigable   land   in   the    system. 

The  names  of  officers  and  emloyees. 

The  proposed  extensions  during  ensuing  years  and  the  acre- 
age to  be  covered  thereby. 

Such  other  data  as  the  Governor  in  Council  s'ees  fit  to- 
order. 

2.  Attached  to  such  annual  return  shall  be  a  copy  of  the 
by-laws  of  the  company,  showing  all  amendments  thereto  dur- 
ing the  year  covered  by  the  said  return. 

3.  The  returns  required  by  this  section  may  be  waived  by 
the  minister  in  the  case  of  a  private  person  supplying  water 
solely  to  himself. 

Sec.  34.  When  a  complaint,  under  oath  of  the  complainant 
and  of  at  least  one  witness,  is  made  to  the  minister  or  the  agent 
by  a  consumer  of  water  who  has  paid  his  rates,  that  a  cjiti- 
pany  which  has  engaged  or  is  under  obligation  to  supply  Iiim 
with  water  is  failirg  to  do  so,  or  is  failing  to  keep  its  works  in 
proper  condition,  the  minister  or  some  person  or  officer  ap- 
pointed by  him  for  the  purpose  may  make  immediate  iuqairy 
and  take  all  necessary  steps  to  ascertain  the  truth  of  the  cum- 
plaint,  and  if  he  considers  the  complaint  established  may 
order  and  direct  that  the  company  shall  take  forthwith  such 
action  as  he  considers  necesoary  in  order  as  far  as  possible  to 
remove  the  cause  of  coniplaint. 

2.  If  the  company  fails  to  obey  such  order,  the  ministi.; 
shall  forthwith  issue  a  certificate  to  that  ehect,  reciting  all  the 
iacts,  w'lich  certiticaJc  bciug  presented  to  the  judge  oi  tiu 
Supreme  Court  for  the  judicial  district  within  which  -ici" 
works  lie,  the  judge  shall  hear  and  determine  the  matter  .a  .. 
summary  manner,  and  siiall  order  the  company  to  proceed  \\itli 
all  despatch  tu  take  such  measures  as  he  considers  neces-ary 
in  the  premises;  and  refusal  or  neglect  to  obey  any  order  made 
by  a  juage  under  ihis  section  may  be  treated  and  punished  as 
contempt  of  court,  and  j-uch  other  jMoceedings  may  be  had 
and  taken  ihereon  as  in  the  case  of  uon-compliance  with  any 
othit    mandat    ry  order  of  the  said  court  or  a  judge   there. il. 

^t'c.  35.  'i  he  Governor  in  C\  uncil  may  authorize  two  or 
more  companies  \vho>e  works  are  contiguous,  to  unite  and 
form  one  ooutpany  with  a  view  to  providing  increased  vaier 
supply    and    extending    their    works,    when    he    is    satisfied    that 


:£?r  £••"=»  v:."r  t-  ~- 

companies  to  h'  '"P^'^  «"'  not  be  lA-  ^  "'"'  <'«P^"d- 
carrying  out  ^h  ""'""  "^'^^  ">e  necessarvT'"'  ■'""  "■«  "« 
''-■'«   furnThed   to'7°"'    ""''"'ak  ng"^,''":'"-''  "^ns  ,„r 

'°  be  furnished     po^ln'^"^""-  '"    Counc  ,  Tlr"'"'"^ 
struct  works  u,„l.        ,         application   for  an.l,       •      '    required 

-«on  of  the  tilted  T  ''"'■■  '""  P-^li    L  ^"'7';^  '"   -"■ 
''s  given  in  ,1,.  "companies  and  their  „  ""=  authori- 

™^,"  -cifo.;''  fSr."  ""-'"-^  ■"  '^-r:?ir;';^  ^'■^"- 

^"^ec.    ^6.    The    m     •  -^PPi'catioa 

^^''"  may,  when  hc'ZTms  V   '""^    ""^    ^P^^ially' author!     .    u 
O'ng  out  of  the  nr.  ^   necessary  for  the   =  ^  ^,^^^'^ed    by 

framed  under  t    ^'""^^'^"^  of  this  Acf  or  th^  '^'''^^^'ory  car- 
famine   such        '""''"°"  ^^^^'■^  Wm  anv  n      ''^"^^^'^"^  to  be 

"^    -Pers^^d^r-n^rrd^r'    ^  "-^1°  the^rS^^^^^' 

"-"«  or  refusal  to  ;ife'e^'d       °'   "'^^^^^^    ^^  obey    ':]"'"" 

.^^^^tmgs   demanded   f.'^^^^^^"".   or  to  produr-T   f  ^'    '""^■ 

=^^d  may,   by  v/arr.   /       "''   '^'^  minister  or  n  ^^^"'"^  or 

^^"^t  to   be  L  '  ""^^^  his  hand    orSI      u    ^'''^"   '-^"thor- 

-mpt  of^coun'r"'   ".  ^^^  --•e^'cot^-.n       f'^"  ^"■^- 
tions   reouirpri   +         ''^"s,   oaths,   so  cam  ri^^i        .  '        "'^^s. 

-- "/:^:  "£'^-  ™""-  rr  -r-^  r  -^" 

^-c.  ,8     The  'r   ^^^'"^''   aflirmat.on    or   de      '''^"'^^'-"'   to   be 
JO.     iiie   Covernor  in   c  ^t'cJaration. 

i^^-'  deems  necessary  at  anv  t  "'"   ^"^'>-   ^ake    such    .^ 

survey    of   the   c  ^   ^'me  to  ..ccure  ^    ,         ,  ''^'^P^   as 

^^^--"^Pupoes      ">r   "'   ^^^    ^^-^-     uppl'  ?"^'^^.^  -  P-t.ai 

f>asms  and   r^..       •  ^^^   site   or   sifp^        •/ ,  .  ^    location 

'^'■nun^'ltc  rSr^ot  """■■  ^'°--V ?„;  ray"  Lf  ''r"'^' 


56o 


NORTHWEST  TERRITORY. 


pose  thereof  by  sale  or  lease  to  be  tttilized  for  purposes  within 
the  purview  of  this  Act.  He  may  also  take  such  steps  as  he 
Ihinks  necessary  to  protect  the  sources  of  water  supply  and  to 
prevent  any  act  likely  to  diminish  or  injure  the  said  supply. 

Sec.  29.  The  Governor  in  Council  may  from  time  to  time 
authorize  the  establishing  in  rivers,  streams,  lakes,  and  other 
waters,  water  gauges  for  computing  the  approximate  volume 
and  discharge  of  waters,  the  placing  of  high  water  marks  on 
rivers  and  streams,  lakes  and  other  waters  when  in  flood,  the 
taking  of  steps  for  securing  analyses  of  the  water  of  rivers, 
6treams«  lakes  and  other  waters,  and  the  adopting  of  such 
other  measures  and  proceedings  for  promoting  the  beneficial 
use  of  water,  and  for  controlling  and  regulating  the  diversion 
and  the  application  thereof  as  he  finds  necessary  and  expedient 
and  as  are  consistent  with  the  provisions  ot  this  Act. 

Sec.  40.  The  Governor  in  Council  may,  if  in  the  public  in- 
terest it  is  at  any  time  deemed  advisable  so  to  do,  take  over 
and  operate  or  otherwise  dispose  of  the  works  of  any  com- 
pany authorized  under  this  Act:  Provided,  that  compensation 
shall  be  paid  for  such  works  at  their  value — such  value  to  be 
ascertained  by  reference  to  the  Exchequer  Court,  or  by  arbitra- 
tion, one  arbitrator  to  be  appointed  by  the  Governor  in  Council, 
the  second  by  the  owner  of  ti>j  works  to  be  taken  over,  and 
the  third  by  the  two  so  appomted,  or  in  case  these  cannot 
agree  as  to  the  third  arbitrator,  by  the  Exchequer  Court— and 
that  in  estimating  such  value  the  court  or  the  arbitrators  may 
take  into  account  the  expenditure  of  the  company  and  interest 
on  such  expenditure,  and  the  value  of  its  property,  works  and 
business:  Provided  also,  that  no  person  who  at  such  date  is 
usiiiR-  the  water  of  the  said  works,  shall  be  deprived  of  the 
■quantity  of  water  he  is  entitled  to;  Provided  further,  that  in 
any  such  case  the  Governor  in  Council  shall  have  due  regard 
to  the  claims  to  consideration  of  any  persons  who  have  pre- 
pared or  have  in  course  of  preparation  any  land  to  be  supplied 
with   water  by   the   works  taken   over. 

Sec.  41.  The  by-laws  and  regulations  of  companies  operat- 
ing under  this  Act  shall  not  contain  anything  contrary  to  the 
true  intent  and  meaning  of  this  Act,  and  shall  be  subject  to  re- 
vision and  approval  by  the  Governor  in  Council;  and  no  tariff 
of  charges  for  water  furnished  by  any  company  shall  come  into 
operation  until  it  has  been  approved  by  the  Governor  in 
Council. 


CONSOLIDATED  IRRIGATION  ACT. 


561 


Sec.  42.  Any  company  authorized  under  this  Act  may  is- 
sue bonds,  debentures  or  other  securities  to  the  amount  of  it* 
subscribed  capital,  or  double  the  amount  of  its  paid-up  capital, 
whichever  is  the  smaller  amount.* 

Sec.  43.  Any  company  authorized  under  this  Act  may  ac- 
quire land  by  purchase  or  lease  for  improvement  by  irrigation, 
and  shall  dispose  thereof  within  fifteen  years  after  its  acquisi- 
tion, otherwise  such  land  shall  revert  to  the   Crown.* 

Sec.  44.  Any  company  authorized  under  this  Act  may  for 
the  purposes  of  its  undertaking  construct  ur  acquire  electric 
telegraph  and  telephone  lines  or  any  other  contrivances  for  the 
transmission  of  messages  through  or  along  wires,  rods,  tubes 
or  other  appliances,  and  may  acquire  any  land  necessary  for  the 
construction  'and  operation  of  such  lines  or  contrivances,  and 
the  lands  necessary  to  be  taken  and  acquired  for  this  purpose 
may  be  acquired  under  the  provisions  of  section  twenty-one  of 
this  Act. 

Sec.  45.    The  Governor  in   Council  may — 

Define  the  manner  in  which  the  measure  of  water  shall  be 
arrived  at. 

Define  the  duty  of  water  according  to  locality  and  soil. 

Define  the  portion  of  the  year  during  which  water  shall  be 
supplied  for   irrigation. 

Fix  the  license  fee  or  charge  to  be  paid  by  companies  ap- 
plying for  registration  of  water  rights  or  for  authority  to  en- 
gage in  irrigation  or  other  works  under  this  Act — which  fees 
or  charges  may  be  varied  acording  to  the  capital  employed  or 
volume  of   water  diverted. 

Regulate  the  extent  of  diversion  from  rivers,  streams,  lakes, 
ur  other  waters. 

Kegulate  the  passage  of  logs,  timber  and  other  products  of 
the  forests  through  or  over  an^'  dams  or  other  works  erected 
in  rivers,  streams,  lakes  and  other  water  under  the  authority 
of  this   Act. 

Regulate  from  time  to  time  the  water  rates  which  may  be 
charged   by   companies,   and  the   publication   uf   taritYs   of   rates. 

Prescribe  forms  to  be  used  in   proceedings   under  this   Act. 


C*N.   B.    The  provisions  of  these  two  sections,  42  and  43,  do 
not     apply   to   any    irrigation     district    incorporated     under     an 
Ordinance   of    che    Northwest   Territories.    Vide    sec.    8   of    58-59 
\'.,  c.  ;^;.  quoted  in  note  2,  to  this  consoliLJativ)!!.  j     .See  piiRt-  543. 
:6 


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56a 


NORTHWEST  TERRITORY. 


Impose  penalties  for  violations  of  any  regulation  made 
under  the  authority  ot  this  Act, — which  penalties  shall  in  no 
case  exceed  a  fine  of  two  hundred  dollars  or  three  months'  im- 
prisonment, or  both. 

Regulate  the  manner  in  which  water  is  to  be  supplied  to 
persons  entitled  thereto,  whether  continuously  or  at  stated  in- 
tervals, or  under  both  systems. 

Authorize  some  person  or  officer,  whose  decision  shall  be 
final  and  without  appeal,  to  decide  in  cases  of  dispute  as  to 
what  constitutes  surplus  water  as  mentioned  in  this  Act. 

Make  such  orders  as  are  deemed  necessary,  from  time  to 
time,  to  carry  out  the  provisions  of  this  Act  according  to  their 
true  intent^  or  to  meet  any  cases  which  arise  and  for  which  no 
provision  is  made  in  this  Act;  and  further,  make  any  regula- 
tions which  are  considered  necessary  to  give  the  provisions  of 
this  Act  full  eilfect. 

Sec.  46.  All  regulations  made  and  forms  prescribed  by  the 
Governor  in  Council  under  this  Act  shall  be  published  in  the 
Canada  Gazette  and  shall  be  laid  before  both  Houses  of  Parlia- 
ment within  the  first  fifteen  days  of  the  session  next  after  the 
date  thereof. 

Sec.  47.  Any  companies  already  formed  to  promote  irriga- 
tion shall  be  subject  to  all  the  provisions  of  this  Act,  except  so 
far  as  the  powers  mentioned  in  section  forty-two  of  this  Act 
are  concerned. 


PART  X, 


UNITED  STATES  AND  CANADIAN  LAWS 

PROHIBITING  ALIEN  LABOR 

CONTRACTS. 


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23  V^IST  MAIN  STRUST 
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PART   10. 


SUl 

to 


CANADIAN      LAWS     RESTRICTING      IMPORTATIONS 
AND  EMPLOYMENT  OF  ALIENS. 


Act  of  fl8  June,  i8gi7. 

Her  Majesty,  by  and  with  the  advice  and  consent  of  the 
Senate  and  House  of  Commons  of  Canada,  enacts  as  follows: 

Sec.  I.  From  and  after  the  passing  of  this  Act  it  shall  be  un- 
lawful for  any  person,  company,  partnership  or  corporation  in 
any  manner  to  prepay  the  transportation,  or  in  any  way  to 
assist  or  encourage  the  importation  or  immigration  of  any 
alien  or  foreigner  into  Canada,  under  contract  or  agreement, 
parole  or  special,  express  or  implied,  made  previous  to  the  im- 
portation or  immigration  of  such  alien  or  foreigner,  to  perform 
labor  or  service  of  any  kind  in  Canada. 

Sec.  2.  All  contracts  or  agreements,  express  or  implied, 
parole  or  special,  hereafter  made  by  and  between  any  person, 
company,  partnership  or  corporation,  and  any  alien  or  foreigner, 
to  perform  labor  or  service,  or  having  reference  to  the  perform- 
ance of  labor  or  service  by  any  person  in  Canada,  previous  to 
the  ir^.migration  or  importation  of  the  person  whose  labor  or 
service  is  contracted  for  into  Canada,  shall  be  void  and  of  no 
effect. 

Sec.  3.  For  every  violation  of  any  of  the  provisions  of  sec- 
tion one  of  this  Act,  the  person,  partnership,  company  or  cor- 
poration violating  it  by  knowingly  assisting,  encouraging  or 
aoliciting  the  immigration  or  importation  of  any  alien  or  for- 
eigner into  Canada,  to  perform  labor  or  service  of  any  kind 
under  contract  or  agreement,  express  or  implied,  parole  or  spe- 
cial, with  such  alien  or  foreigner  previous  to  his  becoming  a 
resident  in  or  a  citizen  of  Canada,  shall  forfeit  and  pay  the  sum 
of  one  thousand  dollars,  which  may  be  sued  for  and  recovered 
by  Her  Majesty's  Attorney-General  of  Canada  or  the  person 
duly  authorized  thereto  by  him,  as  debts  of  like  amount  are 
now  recovered  in  any  competent  court  in  Canada,  the  proceeds 
to  be  paid  into  the  hands  of  the  Receiver-General ;  and  separate 

I.  (564) 


ALIEN  LABOR  LAWS. 


S6$ 


suits  may  be  brought  for  each  alien  or  foreigner  who  is  a  party 
to  such  contract  or  agreement. 

Sec.  4.  The  master  of  any  vessel  who  knowingly  brings  into 
Canada  on  such  vessel  and  lands  or  permits  to  be  landed  from 
any  foreign  port  or  place  any  alien,  laborer,  mechanic  or  ar- 
tisan who,  previous  to  embarkation  on  such  vessel  had  en- 
tered into  contract  or  agreement,  parole  or  special,  express  or 
implied,  to  perform  labor  or  service  in  Canada,  shall  be  deemed 
guilty  of  an  indictable  offense  and  on  conviction  thereof  shall 
be  punished  by  a  fine  of  not  more  than  five  hundred  dollar* 
for  each  alien,  laborer,  mechanic  or  artisan  so  brought  or 
landed,  and  may  also  be  imprisoned  for  a  term  not  exceeding 
six  months. 

Sec.  s.    Nothing  in  this  Act  shall  be  so  construed  as  to  pre- 
vent any  citizen  or  subject  of  any  foreign  country,  temporarily 
residing  in   Canada,  either  in   private  or  official  capacity  from 
engaging,   under  contracts   or  otherwise,   persons  not  residents 
or  citizens  of  Canada,  to  act  as  private  secretaries,  servants  or 
domestics   for   such   foreigner   temporarily   residing  in   Canada; 
nor  shall  this  Act  be  so  construed  as  to  prevent  any  person^ 
partnership   or   corporation   from  engaging,   tmder  contract  or 
agreement,    skilled   workmen    in   foreign   countries   to   peHorm 
labor  in  Canada  in  or  upon  any  new  industry  not  at  present 
established  in  Canada,  provided  that  skilled  labor  for  that  pur^ 
pose  cannot  be  otherwise  obtained;  nor  shall  the  provisions  of 
this  Act  apply  to  professional  actors,  artists,  lecturers,  or  sing> 
ers,   or  to   persons   employed   strictly  as   personal   or  domestic 
servants:  Provided,  that  nothing  in  this  Act  shall  be  construed 
as  prohibiting  any  person  from  assisting  any  member  of  his 
family  or  any  relative  or  personal  friend,  to  migrate  from  any 
foreign  country  to  Canada  for  the  purpose  of  settlement  here. 
Sec.  6.    The  Attorney-General  of  Canada,  in  case  he  shall  be- 
satisfied  that  an  immigrant  has  been  allowed  to  land  in  Canada 
contrary  to  the  prohibition  of  this  Act  may  cause  such  immi- 
grant, within  the  period  of  one  year  after  landing  or  entry,  to 
be  taken  into  custody  and  returned  to  the  country  whence  he- 
came  at  the  expense  of  the  owner  of  the  importing  vessel,  or» 
if  he  entered  from  an  adjoining  country,  at  the  expense  of  thft^ 
person  previously  contracting  for  the  services. 

Sec.  7.  The  Receiver-General  may  pay  to  any  informer  who- 
furnishes  original  information  that  the  law  has  been  violated 
such  a  share  of  the  penalties  recovered  as  he  deems  reasonable 


S66 


UNITED  STATES   AND   CANADA. 


«nd  just,  not  exceeding  fifty  per  cent.,  where  it  appears  that  the 
recovery  was  had  in  consequence  of  the  information  thus  fur- 
oiished. 

Sec.  8.  No  proceedings  under  this  Act  or  prosecutions  for 
-violations  thereof,  shall  be  instituted  without  the  consent  of  the 
Attorney-General  of  Canada  or  some  person  duly  authorized  by 
Slim. 

Sec.  9.  This  Act  shall  apply  only  to  such  foreign  countries 
4is  have  enacted  and  retained  in  force,  or  as  enact  and  retain  in 
force,  laws  or  ordinances  applying  to  Canada  of  a  character 
^similar  to  this  Act. 


UNITED  STATES  LAWS  RESTRICTING  IMPORTATION 
AND  EMPLOYMENT  OF  ALIENS. 

An  Act  to  prohibit  the  importation  and  migration  of  for- 
eigners and  aliens  under  contract  or  agreement  to  perform 
labor  in  the  United  States,  its  Territories,  and  the  District  of 
^Columbia. 

Act  of  February  a6,  1895  ^^^  March  3rd,  1891.  Be  it  enacted, 
^c.  That  from  and  after  the  passage  of  this  Act  it  shall  be 
unlawful  for  any  person,  company,  partnership  or  corporation, 
in  any  manner  whatsoever,  to  prepay  the  transportation,  or  in 
«ny  way  assist  or  encourage  the  importation  or  migration  of 
any  alien  or  aliens,  any  foreigner  or  foreigners,  into  the  United 
:States,  its  Territories,  or  the  District  of  Columbia,  under  con- 
ttract  or  agreement,  parol  or  special,  express  or  implied,  made 
-previous  to  the  importation  or  migration  of  such  alien  or  aliens, 
foreigner  or  foreigners,  to  perform  labor  or  service  of  any 
Scind  in  the  United  States,  its  Territories,  or  the  District  of 
Columbia. 

Sec.  2.    That  all  contracts  or  agreements,  express  or  implied, 
parol  or  special,  which  may  hereafter  be  made  by  and  between 

-any  person,  company,  partnership  or  corporation,  and  any  for- 
eigner or  foreigners,  alien  or  aliens,  to  perform  labor  or  service 
or  having  reference  to  the  performance  of  labor  or  service  by 

.  any  person  in  the  United  States,  its  Territories,  or  the  District 
of  Columbia  previous  to  the  migration  or  importation  of  the 

^■person  or  persons  whose  labor  or  service  is  contracted  for  into 
4he  United   States,   shall  be  utterly  void  .and  of  no  effect.   s6 

jFebruary,  1895. 


ALIEN  LABOR  LAWS. 


S67 


Sec.  3.  That  for  every  violation  of  any  of  the  provisions  of 
section  one  of  this  Act  the  person,  partnership,  company,  or 
corporation  violating  the  same,  by  knowingly  assisting,  encour* 
aging,  or  soliciting  the  migration  or  importation  of  any  alien 
or  aliens,  foreigner  or  foreigners,  into  the  United  States,  its 
Territories,  or  the  District  of  Columbia,  to  perform  labor  or 
service  of  any  kind  under  contract  or  agreement  express  or  im- 
plied, parol  or  special,  with  such  alien  or  aliens,  foreigner  or 
foreigners,  previous  to  becoming  residents  or  citizens  of  the 
United  States,  shall  forieit  and  pay  for  every  such  offense  the 
sum  of  one  thousand  dollars,  which  may  be  sued  for  and  re- 
covered  by  the  United  States  or  by  any  person  who  shall  first 
bring  his  action  therefor  including  any  such  alien  or  foreigner 
who  may  be  a  party  to  any  such  contract  or  agreement,  at 
debts  of  like  amount  are  now  recovered  in  the  circuit  courts  of 
the  United  States;  the  proceeds  to  be  paid  into  the  Treasury  of 
the  United  States;  and  separate  suits  may  be  brought  for  each 
alien  or  foreigner  being  a  party  to  such  contract  or  agreement 
aforesaid.  >*id  it  shall  be  the  duty  of  the  district  attorney  of 
the  proper  district  to  prosecute  every  such  suit  at  the  expense 
of  the  United  States.    19  Oct.,  1888. 

Sec.  4.  That  the  master  of  any  vessel  who  shall  know- 
ingly bring  within  the  United  States  on  any  such  vessel,  and 
land,  or  permit  to  be  landed,  from  any  foreign  port  or  place, 
any  alien,  laborer,  mechanic,  or  artisan  who,  previous  to  em- 
barkation on  such  vessel,  had  entered  into  contract  or  agree- 
ment, parol  or  special,  express  or  implied,  to  perform  labor  or 
service  in  the  United  States,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof,  shall  be  punished  by  a 
fine  of  not  more  than  five  hundred  dollars  and  for  each  and 
every  such  alien  laborer,  mechanic,  or  artisan  so  brought  as 
aforesaid,  and  may  also  be  imprisoned  for  a  term  not  exceeding 
six  months. 

Sec.  5.  That  nothing  in  this  Act  shall  be  so  construed  as  to 
prevent  any  citizen  or  subject  of  any  foreign  country  tempora- 
rily residing  in  the  United  States,  either  in  private  or  official 
capacity,  from  engaging,  under  contract  or  otherwise,  persons 
not  residents  or  citizens  of  the  United  States  to  act  as  pri- 
vate secretaries,  servants,  or  domestics  for  such  foreigner  tem- 
porarily residing  in  the  United  States  as  aforesaid. 

Nor  shall  this  Act  be  so  conjtrued'  as  to  prevent  any  persoil» 


568 


UNITED  STATES  AND   CANADA. 


or  persons,  partnership,  or  corporation  from  engaging,  under 
contract  or  agreement,  skilled  workmen  in  foreign  countries  to 
perform  labor  in  the  United  States  in  or  upon  any  new  indus- 
try  not  at  present  established  in  the  United  States. 

Provided.  That  skilled  labor  for  that  purpose  can  not  be 
otherwise  obtained;  nor  shall  the  provisions  of  this  Act  apply 
to  professional  actors,  artists,  lecturers,  or  singers,  nor  to  per- 
sons employed  strictly  as  personal  or  domestic  servants. 

Provided,  That  nothing  in  this  Act  shall  be  construed  as 
prohibiting  any  individual  from  assisting  any  member  of  his 
family  to  migrate  from  any  foreign  country  to  the  United 
States,  for  the  purpose  of  settlement  here  nor  to  ministers  of 
any  religious  denomination,  nor  persons  belonging  to  any  rec- 
ognized profession,  nor  professors  for  colleges  and  seminaries. 
3  March,  iSgi. 

Sec.  6.  That  all  laws  or  parts  of  laws  conflicting  herewith 
be,  and  the  same  are  hereby,  repealed.    a6  February,  1885. 


^f. 


PART  XI. 


STATISTICS    AND    OFFICIAL     REPORTS 
OF  THE  YUKON  GOLD  FIELDS. 


PART  II. 

STATISTICS   AND   OFFICIAL   REPORTS   OF   THE   YU- 
KON GOLD  FIELDS. 

The  first  people  from  civilization  to  enter  the  Yukon  country 
were  the  traders  for  the  Hudson's  Bay  Company.  In  the  year 
1840  Mr.  Campbell  was  commissioned  by  Sir  George  Simpson 
10  explore  the  Upper  Liard  and  to  cross  the  height-oMand  in 
«earch  of  any  river  flowing  to  the  westward.  After  ascending 
the  river  to  its  head-waters  he  struck  across  to  the  head  of  the 
•Pelly  River,  thence  down  the  Felly  to  the  confluence  of  the 
Lewes,  at  which  point  he  turned  back,  his  men  having  be- 
come discouraged  by  the  stories  of  the  Wood  Indians  encamped 
there,  who  represented  that  the  lower  portion  of  the  river  was 
inhabited  by  a  large  tribe  of  cannibals.  In  1847  Fort  Yukon 
was  established  at  the  mouth  of  the  Porcupine  by  Mr.  A.  H. 
Murray,  another  member  of  the  Hudson's  Bay  Company. 

In  1848  Campbell  established  Fort  Selkirk  at  the  confluence 
of  the  Pelly  and  Lewes  Rivers;  it  was  plundered  and  destroyed 
in  1852  by  the  Coast  Indians,  and  only  the  ruins  now  exist  of 
what  was  at  one  time  the  most  important  post  of  the  Hudson's 
Bay  Company  to  the  west  of  the  Rocky  Mountains  in  the  far 
north.  In  i86q  the  Hudson's  Bay  Company's  ofiicer  was  ex- 
pelled from  Fort  Yukon  by  the  United  States  Government, 
they  having  ascertained  by  astronomical  observations  that  the 
post  was  not  located  in  British  Territory.  The  officer  there- 
upon ascended  the  Porcupine  to  a  point  which  was  supposed 
to  be  within  British  jurisdiction,  where  he  established  Ram- 
part House;  but  in  1890  Mr.  J.  H.  Turner  of  the  United  States 
Coast  Survey  found  it  to  be  twenty  miles  within  the  lines  of 
the  United  States.  Consequently  in  1891  the  post  was  moved 
twenty  miles  further  up  the  river  to  be  within  British  Territory. 

The  next  people  to  enter  the  country  for  trading  purposes 
were  Messrs.  Harper  and  McQuestion.  They  have  been  trad- 
ing in  the  country  since  1873  and  have  occupied  numerous  posts 
all  along  the  river,  the  greater  number  of  which  have  been 
abandoned.  Mr.  Harper  is  now  located  as  a  trader  at  Fort  Sel- 
icirk,  and  Mr.  McQuestion  is  in  the  employ  of  the  Alaska  Com- 

<57o) 


^ 


GENERAL  INFORMATION. 


571 


mercial  Company  at  Circle  City,  which  is  the  distributing  point 
for  the  vast  regions  surrounding  Birch  Creek,  Alaska.  In  i88a 
A  number  of  miners  entered  the  Yukon  country  by  the  Taiya 
Pass;  it  is  still  the  only  route  used  to  any  extent  by  the  miners, 
and  is  shorter  than  the  other  passes  though  not  the  lowest.  In 
1883  Lieutenant  Schwatka  crossed  this  same  pass  and  descended 
the  Lewes  and  Yukon  Rivers  to  the  ocean. 

The  history  of  the  Yukon  District  within  recent  years  will 
be  best  described  by  the  following  extract  from  the  annual  re* 
port  of  the  Deputy  of  the  Minister  of  the  Interior  for  the  year 

1895  :- 

"In  the  year  1887  the  Hon.  Thomas  White,  then  Minister  of 
the  Interior,  authorized  the  organization  of  an  expedition  hav* 
ing  for  its  object  the  exploration  of  that  region  of  the  North* 
west  Territories  of  Canada  which  is  drained  by  the  Yukon 
River.  The  work  was  intrusted  to  Dr.  George  Mr.  Dawson, 
now  the  Director  of  the  Geological  Survey,  and  Mr.  Wm.  Ogil* 
vie,  the  well-known  explorer  and  surveyor.  Dr.  Dawson  de- 
voted the  whole  of  that  season,  and  Mr.  Ogilvie  a  period  cover- 
ing nearly  two  years,  to  obtaining  geological,  topographical, 
and  general  information,  chiefly  respecting  the  tract  of  country 
lying  adjacent  to  the  141st  meridian  of  longitude,  which  by 
the  Treaty  of  St.  Petersburg  is  designated  as  the  boundary 
line  from  the  neighborhood  of  Mount  St.  Elias  to  the  Arctic 
Ocean  between  Alaska  and  the  adjoining  possessions  of  the 
British  Crown  which  now  form  part  of  the  Northwest  Terri* 
tories  of  Canada. 

"As  it  appears  quite  certain,  from  the  report  made  by  Mr. 
Ogilvie  on  his  return  to  Ottawa  in  1889,  and  from  the  report  of 
Mr.  Constantine,  that  the  operations  of  the  miners  are  being 
conducted  upon  streams  which  have  their  sources  in  the 
United  States  Territory  of  Alaska,  and  flow  into  Canada  on 
their  way  to  join  the  Yukon,  and  as  doubtless  some  of  the 
placer  diggings  under  development  are  situated  on  the  United 
States  side  of  the  boundary,  it  is  highly  desirable,  both  for  the 
purpose  of  settling  definitely  to  which  country  any  land  occu* 
pied  for  mining  or  other  purposes  actually  belongs,  and  in  or- 
der that  the  jurisdiction  of  the  courts  and  officers  of  the  United 
States  and  Canada,  for  both  civil  and  criminal  purposes,  may  be 
established,  that  the  determination  of  the  141st  meridian  west 
of  Greenwich  from  the  point  of  its  intersection  with  the  Yukon, 


OFFICIAL  STATISTICS. 


at  marked  by  Mr.  Ogilvie  in  1887-88,  for  a  considerable  dis- 
tance iouth  of  the  river,  and  possibly  also  for  some  distance 
to  the  north,  should  be  proceeded  with  at  once.  Mr.  U^ilvie's 
instructions  require  him  to  go  on  with  the  survey  with  all  con- 
venient speed,  but  in  order  that  this  work  may  be  effective  for 
the  accomplishment  of  the  object  in  view  the  co-operation  of 
the  Government  of  the  United  States  is  necessary.  Correspond- 
ence is  in  progress  through  the  proper  authorities  with  a  view 
to  obtain  this  co-operation.  It  may  be  mentioned  that  a 
United  States  surveyor  has  also  determined  the  points  at  which 
the  Yukon  Kiver  and  Forty  Mile  Creek  are  intersected  by  the 
141st  meridian." 


MR.  OGILVIE'S  EXPLORATION,   1887. 


EXTRACTS  FROM  HIS  DESCRIPTION  OF  THE  YUKON, 
ITS  AFFLUENT  STREAMS,   AND  THE  ADJA- 
CENT  COUNTRY. 

For  the  purpose  of  navigation  a  description  of  the  Lewes 
River  begins  at  the  head  of  Lake  Bennett.  Aoove  that  point, 
and  between  it  and  Lake  Lindeman,  there  is  only  about  three- 
quarters  of  a  mile  of  river,  which  is  not  more  than  fifty  or 
sixty  yards  wide,  and  two  or  three  feet  deep,  and  is  so  swift 
and  rough  that  navigation  is  out  of  the  question. 

Lake  Lindeman  is  about  five  miles  long  and  half  a  mile 
wide.  It  is  deep  enough  for  all  ordinary  purposes.  Lake  Ben- 
nett* is  twenty-six  and  a  quarter  miles  long,  for  the  upper 
fourteen  of  which  it  is  about  half  a  mile  wide.  About  midway 
in  its  length  an  arm  comes  in  from  the  west,  which  Schwatka 
appears  to  have  mistaken  for  a  river,  and  named  Wheaton 
River.  This  arm  is  wider  than  the  other  arm  down  to  that 
point,  and  is  reported  by  Indians  to  be  longer  and  heading  in 
a  glacier  which  lies  in  the  pass  at  the  head  of  Chilkoot  Inlet. 
This  arm   is,   as  far   as   seen,   surrounded   by   high   mountains. 


*  A  small  saw-mill  has  been  erected  at  the  head  of  Lake 
Bennett,  for  boat  building.  Last  year  the  ice  broke  up  in  the 
lake  on  the  lath  of  June,  but  this  season  is  earlier  and  the 
boats  are  expected  to  go  down  the  lake  about  the  ist  of  June. 


GENERAL  INFORMATION. 


S7J 


apparently  much  higher  than  those  on  the  arm  we  traveled 
down.  Below  the  junction  of  the  two  arms  the  lake  is  about 
one  and  a  half  miles  wide,  with  deep  water.  Above  the  forks 
the  water  of  the  east  branch  is  muddy.  This  is  caused  by  the 
streams  from  the  numerous  glaciers  on  the  head  of  the  tribu* 
taries  of  Lake  Lindeman. 

A  stream  which  flows  into  Lake  Bennett  at  the  southwest 
corner  is  also  very  dirty,  and  has  shoaled  quite  a  large  portion 
of  the  lake  at  its  mouth.  The  beach  at  the  lower  end  of  this 
lake  is  comparatively  flat  and  the  water  shoal.  A  deep,  wide 
valley  extends  northwards  from  the  north  end  of  the  lake,  ap* 
parently  reaching  to  the  canyon,  or  a  short  distance  above  it. 
This  may  have  been  originally  a  course  for  the  waters  of  the 
river.  The  bottom  of  the  valley  is  wide  and  sandy,  and  covered 
Mi'ith  scrubby  timber,  principally  poplar  and  pitch-pine.  The 
waters  of  the  lake  empty  at  the  extreme  northeast  angle  through 
a  channel  not  more  than  one  hundred  yards  wide,  which  soon 
«x|iands  into  what  Schwatka  called  Lake  Nares.*  Through 
this  narrow  channel  there  is  quite  a  current,  and  more  than 
se\en  feet  of  water,  as  a  six-foot  paddle  and  a  foot  of  arm 
added  to  its  length  did  not  reach  the  bottom. 

The  hills  at  the  upper  end  of  Lake  Lindeman  rise  abruptly 
from  the  water's  edge.  At  the  lower  end  they  are  neither  so 
steep  nor  so  high. 

Lake  Nares  is  only  two  and  a  half  miles  long,  and  its  great- 
est width  is  about  a  mile;  it  is  not  deep  but  is  navigable  for 
boats  drawing  5  or  6  feet  of  water;  it  is  separated  from  Lake 
Bennett  by  a  shallow  sandy  point  of  not  more  than  two  hun* 
dred  yards  in  length. 

No  streams  of  any  consequence  empty  into  either  of  these 
lakes.  A  small  river  flows  into  Lake  Bennett  on  the  west  side, 
a  short  distance  north  of  the  fork,  and  another  at  the  extreme 
northwest  angle,  but  neither  of  them  is  of  any  consequence 
in  a  navigable  sense. 

Lake  Nares  flows  through  a  narrow  curved  channel  into 
Bove  Lake  (Schwatka).  This  channel  is  not  more  than  600  or 
700  yards  long,  and  the  water  in  it  appears  to  be  sufficiently 
deep  for  boats  that  could  navigate  the  lake.  The  land  between 
the  lakes  along  this  channel  is  low,  swampy,  and  covered  with 


*The   connecting  waters  between  Lake   Bennett  and  Tagish 
Lake  constitute  what  is  now  called  Caribou  Crossing. 


S74 


OFFICIAL  STATISTICS. 


willows,  and,  at  the  stage  in  which  I  saw  it,  did  not  rise  more 
than  3  feet  above  the  water.  The  hills  on  the  southwest  side 
slope  up  easily,  and  are  not  high;  on  the  north  side  the  deep 
valley  already  referred  to  borders  it;  and  on  the  east  side  the 
mountains  rise  abruptly  from  the  lake  shore. 

Bove  Lake  (called  Tagish  Lake  by  Dr.  Dawson)  is  about  a 
mile  wide  for  the  first  two  miles  of  its  length,  when  it  is  joined 
by  what  the  miners  have  called  the  Windy  Arm.  One  of  the 
Tagish  Indians  informed  me  they  called  it  Takone  Lake.  Here 
the  lake  expands  to  a  width  of  about  two  miles  for  a  distance 
of  some  three  miles,  when  it  suddenly  narrows  to  about  half 
a  mile  for  a  distance  of  a  little  over  a  mile,  after  which  it 
widens  again  to  about  a  mile  and  a  half  or  more. 

Ten  miles  frbm  the  head  of  the  lake  it  is  joined  by  the 
Taku  Arm  from  the  south.  This  arm  must  be  of  considerable 
length,  as  it  can  be  seen  for  a  long  distance,  and  its  valley  can 
be  traced  through  the  mountains  much  farther  than  the  lake 
itself  can  be  seen.  It  is  apparently  over  a  mile  wide  at  its 
mouth  or  junction. 

Dr.  Dawson  includes  Bove  Lake  and  these  two  arms  under 
the  common  name  of  Tagish  Lake.  This  is  much  more  simple 
and  comprehensive  than  the  various  names  given  them  by 
travelers.  These  waters  collectively  are  the  fishing  and  hunt* 
ing  grounds  of  the  Tagish  Indians,  and  as  they  are  really  one 
body,  there  is  no  reason  why  they  should  not  all  be  included 
under  one  name. 

From  the  junction  with  the  Taku  Arm  to  the  north  end  of 
the  lake  the  distance  is  about  six  miles,  the  greater  part  being 
over  two  miles  wide.  The  west  side  is  very  flat  and  shallow, 
so  much  so  that  it  was  impossible  in  many  places  to  get  our 
canoes  to  the  shore,  and  quite  a  distance  out  in  the  lake  there 
was  not  more  than  5  feet  of  water. 

Where  the  river  debouches  from  it,  it  is  about  150  yards- 
wide,  and  for  a  short  distance  not  more  than  s  or  6  feet  deep. 
The  depth  is,  however,  soon  increased  to  10  feet  or  more,  and 
so  continues  down  to  what  Schwatka  calls  Marsh  Lake. 

Marsh  Lake  is  a  little  over  nineteen  miles  long,  and  averages- 

about  two  miles  in  width.    I  tried  to  determine  the  width  of 

it  as  I  went  along  with  my  survey,  by  taking  azimuths  of  points 

on  the  eastern  shore  from  different  stations  of  the  survey;  but 

in  only  one  case  did  I  succeed,  as  there  were  no  prominenir 


GENERAL  INFORMATION. 


S7» 


marks  on  that  shore  which  could  he  identified  from  more  tha» 
one  place.  The  piece  of  river  connecting  Tagish  and  Marsh 
Lakes  is  about  five  miles  long,  and  averages  150  to  aoo  yard» 
in  width,  and,  as  already  mentioned,  is  deep,  except  for  a  short 
distance  at  the  head. 

The  Lewes  River,  where  it  leaves  Marsh  Lake,  is  about  aoo* 
yards  wide,  and  averages  this  width  as  far  as  the  canyon.  I  did 
not  anywhere  find  bottom  less  than  six  feet  of  water  at  medium 
height,  at  which  stage  it  appeared  to  me  the  river  was  at  that 
time. 

From  the  head  of  Lake  Bennett  to  the  canyon  the  corrected 
distance  is  ninety-five  miles,  all  of  which  'n.  .>  *vigable  for  boat* 
drawing  5  feet  or  more.  Add  to  this  the  wesit  ly  arm  of  Lake 
Bennett,  and  the  Takone  or  Windy  Arm  of  T«igish  Lake,  each 
about  fifteen  miles  in  length,  and  the  Ta)  u  Ai^n  of  the  latter 
lake,  of  unknown  length,  but  probably  not  less  than  thirty 
miles,  and  we  have  a  stretch  of  water  of  upwards  of  one  hun- 
dred  mi^c^  in  length,  all  easily  navigable,  and  easily  connected 
v^th  Taiya  Inlet  through  the  White  Pass. 

No  streams  of  any  importance  enter  any  of  these  lal:<rs  sa 
far  as  I  know.  A  river,  called  by  Schwatka  "McClintook 
River."  enters  Marsh  Lake  at  the  lower  end  from  the  east. 
It  occupies  a  large  valley,  as  seen  from  the  westerly  side  of  the 
lake,  but  the  stream  is  apparently  unimportant  Another  small 
stream,  apparently  only  a  creek,  enters  the  southeast  angle  of 
the  lake. 

The  Taku  Arm  of  Tagish  Lake  is,  so  far,  with  the  ex* 
ception  of  reports  from  Indians,  unknown;  but  it  is  equally 
improbable  Aiat  any  river  of  importance  enters  it,  as  it  is  so 
near  the  source  of  the  waters  flowing  northwards.  However, 
this  is  a  question  that  can  only  be  decided  by  a  proper  explora^ 
tion.  The  canyon  I  have  already  described  and  will  only  add 
that  it  is  five-eighths  of  a  mile  long,  about  100  feet  wide,  with 
perpendicular  banks  of  basaltic  rock  from  60  to  100  feet  high. 

Below  the  canyon  proper  there  is  a  stretch  of  rapids  for  about 
a  mile;  then  about  half  a  mile  of  smooth  water,  following  which 
are  the  White  Horse  Rapids,  which  are  three*eighth8  of  a  mile 
long,  and  unsafe  for  boats. 

The  total  fall  in  the  canyon  and  succeeding  rapids  was  meas- 
ured and  found  to  be  3a  feet.  Were  it  ever  necessary  to  make 
this  part  of  the  river  navigable  it  will  be  no  easy  task  to  over- 


S76 


OFFICIAL  STATISTICS. 


come  the  obstacles  at  this  point;  but  a  tram  or  railway  could, 
with  very  little  difficulty,  be  constructed  along  the  east  side  of 
the  river  past  the  canyon. 

For  some  distance  below  the  White  Horse  Rapids  the  cur- 
rent is  swift  and  the  river  wide,  with  many  gravel  bars.  The 
reach  between  these  rapids  and  Lake  LeBarge,  a  distance  of 
twenty-seven  and  a  half  miles,  is  all  smooth  water,  with  a 
strong  current.  The  average  width  is  about  150  yards.  There 
is  no  impediment  to  navigation  other  than  the  swift  current, 
and  this  is  no  stronger  than  on  the  lower  part  of  the  river, 
which  is  already  navigated;  nor  is  it  worse  than  on  the  Saskat- 
chewan and  Hed  Rivers  in  the  more  eastern  part  of  our  terri- 
tory. , 

About  midway  in  this  stretch  the  Tahkeena  River*  joins  the 
Lewes.  This  river  is,  apparently,  about  half  the  size  of  the 
latter.  Its  waters  are  muddy,  indicating  its  passage  through  a 
clayey  district. 

Lake  Le  Barge  is  thirty-one  miles  long.  In  the  upper  thir- 
teen it  varies  from  three  to  four  miles  in  width;  it  then  nar- 
rows to  about  two  miles  for  a  distance  of  seven  miles,  when 
it  begins  to  widen  again,  and  gradually  expands  to  about  two 
and  a  half  or  three  miles,  the  lower  six  miles  of  it  maintaining 
the  latter  width.  The  survey  was  carried  along  the  western 
shore,  and  while  so  engaged  I  determined  the  width  of  the 
xipper  wide  part  by  triangulation  at  two  points,  the  width  of  the 
narrow  middle  part  at  three  points,  and  the  width  of  the  lower 
part  at  three  points.  The  western  shore  is  irregular  in  many 
places,  being  indented  by  large  bays,  especially  at  the  upper 
and  lower  ends.  These  bays  are,  as  a  rule,  shalfow,  more  es- 
pecially those  at  the  lower  end. 

Just  above  where  the  lake  narrows  in  the  middle  there  is  a 
large  island.  It  is  three  and  a  half  miles  long  and  about  half 
a  mile  in  width.  The  upper  half  of  this  island  is  gravelly,  and 
does  not  rise  very  high  above  the  lake.  The  lower  end  is  rocky 
and  high,  the  rock  being  of  a  bright  red  color. 

At  the  lower  end  of  the  lake  there  is  a  large  valley  extend- 


*The  Tahkeena  was  formerly  much  used  by  the  Chilkat  In- 
dians as  a  means  of  reaching  the  interior,  but  never  by  the 
miners,  owing  to  the  distance  from  the  sea  to  its  head. 


GENERAL  INFORMATION. 


S77 


ing  northwards,  which  has  evidently  at  one  time  been  the  out* 
The  width  of  the  Lewes  River  as  it  leaves  the  lake  is  the 
same  as  at  its  entrance,  about  two  hundred  yards.    Its  waters 
let  of  the  lake. 

when  I  was  there  were  murky.  This  is  caused  by  the  action  of 
the  waves  on  the  shore  along  the  lower  end  of  the  lake.  The 
water  at  the  upper  end  and  at  the  middle  of  the  lake  is  quite 
clear,  so  much  so  that  the  bottom  can  be  distinctly  seen  at  a 
depth  of  six  or  seven  feet.  The  wind  blows  almost  constantly 
down  this  lake,  and  in  a  high  wind  it  gets  very  rough.  The 
miners  complain  of  much  detention  owing  to  this  cause,  and 
certainly  I  can  not  complain  of  a  lack  of  wind  while  I  was  on 
the  lake.  This  lake  was  named  after  one  Mike  Le  Barge,  who 
was  engaged  by  the  Western  Union  Telegraph  Company,  ex- 
ploring the  river  and  adjacent  country  for  the  purpose  of  con- 
necting Europe  and  America  by  telegraph  through  British 
Columbia,  and  Alaska,  and  across  Bering  Strait  to  Asia,  and 
thence  to  Europe.  This  exploration  took  place  in  1867,  but  it 
does  nqt  appear  chat  Le  Barge  then,  nor  for  some  years  after, 
saw  the  lake  called  by  his  name.  The  successful  laying  of  the 
Atlantic  cable  in  1866  put  a  stop  to  this  project,  and  the  explor- 
ing parties  sent  out  were  recalled  as  soon  as  word  could  be  got 
to  them.  It  seems  that  Le  Barge  had  got  up  as  far  as  the  Felly 
before  he  received  his  recall;  he  had  heard  something  of  a 
large  lake  some  distance  further  up  the  river,  and  afterwards 
spoke  of  it  to  some  traders  and  miners  who  called  it  after  him. 
After  leaving  Lake  Le  Barge  the  river,  for  a  distance  of 
about  five  miles,  preserves  a  generally  uniform  width  and  an  easy 
current  of  about  four  miles  per  hour.  It  then  makes  a  short 
turn  round  a  low  gravel  point,  and  flows  in  exactly  the  oppo- 
site of  its  general  course  for  a  mile  when  it  again  turns  sharply 
to  its  general  direction.  The  current  'round  this  curve  and  for 
some  distance  below  it — in  all  four  or  hve  miles — is  very  swift. 
I  timed  it  in  several  places  and  found  it  from  six  to  seven 
miles  an  hour.  It  then  moderates  to  four  or  five,  and  con- 
tinues so  until  the  Teslintoo  River  is  reached,  thirty-one  and 
seven-tenths  miles  from  Lake  Le  Barge.  The  average  width  of 
this  part  of  the  river  is  about  150  yards,  and  the  depth  is  suffi- 
cient to  afford  passage  for  boats  drawing  at  least  five  feet.  It 
is,  as  a  rule,  crooked,  and  consequently  a  little  difficult  to 
navigate. 

37 


M 


578 


OFFICIAL  STATISTICS. 


The  Teslintoo*  was  so  called  by  Dr.  Dawson— this,  accord- 
ing to  information  obtained  by  him,  being  the  Indian  name. 
It  is  called  by  the  miners  "Hootalinkwa"  or  Hotalinqua. 

The  water  uf  the  Teslintoo  is  of  a  dark  brown  color,  similar 
in  appearance  to  the  Ottawa  River  water,  and  a  little  turbid. 
Notwithstanding  the  difference  of  volume  of  discharge,  the 
Teslintoo  changes  completely  the  character  of  the  river  below 
the  junction,  and  a  person  coming  up  the  river  would,  at  the 
forks,  unhesitatingly  pronounce  the  Teslintoo  the  main  stream. 
The  water  of  the  Lewes  is  blue  in  color,  and  at  the  time  I 
speak  of  was  somewhat  dirty — not  enough  so,  however,  to  pre- 
vent one  seeing  to  a  depth  of  two  or  three  feet. 

I  afterwards  met  Mr.  T.  Boswell  who  had  spent  most  of  the 
summer  on  the  river  prospecting,  and  from  him  I  gathered  the 
following:  The  distance  to  the  first,  and  only  lake  which  he 
saw,  he  put  at  175  miles,  and  the  lake  itself  he  called  at  least 
150  miles  long,  as  it  took  him  four  days  to  row  in  a  light  boat 
from  end  to  end.  The  portage  to  the  sea  he  did  not  appear  to 
know  anything  about,  but  describes  a  large  bay  on  t]|e  east 
side  of  the  lake,  into  which  a  river  of  considerable  size  en- 
tered. This  river  occupies  a  wide  valley,  surrounded  by  high 
mountains.    He  thought  this  river  must  head  near  Liard  River. 

Assuming  this  as  the  main  river,  and  adding  its  length  to 
the  Lewes  Yukon  below  the  junction,  gives  upwards  of  3,200 
miles  of  river,  fully  two-thirds  of  which  runs  through  a  very 
mountainous  country,   without  an  impediment  to   navigation. 

Some  indefinite  information  was  obtained  as  to  the  position 
of  this  river  in  the  neighborhood  of  Marsh  Lake  tending  to 
show  that  the  distance  between  them  was  only  about  thirty  or 
forty  miles. 

Between  the  Teslintoo  and  the  Big  Salmon  the  distance  is 
thirty-three  and  a  half  miles,  in  which  the  Lewes  preserves  a 
generally  uniform  width  and  current.  For  a  few  miles  below 
the  Teslintoo  it  is  a  little  over  the  ordinary  width,  but  then 
contracts  to  about  two  hundred  yards,  which  it  maintains  with 
little  variation.  The  current  is  generally  from  four  to  five  miles 
per  hour. 


•The  limited  amount  of  prospecting  that  has  been  done  on 
this  river  is  said  to  be  very  satisfactory,  fine  gold  having  been 
found  ill  all  parts  of  the  river. 


GENERAL   INFORMATION. 


Sf9 


The  Big  Salmon  I  found  to  be  about  one  hundred  yards 
wide  near  the  mouth,  the  depth  not  more  than  four  or  five  feet, 
and  the  current  sluggish.  The  valley,  as  seen  from  the  mouth, 
is  wide,  and  grives  one  the  impression  of  being  occupied  by  a 
much  more  important  stream.  Looking  up  it,  in  the  distance 
couM  be  seen  many  high  peaks  covered  with  snow. 

Just  below  the  Big  Salmon  the  Lewes  takes  a  bend  of  nearly 
a  right  angle.  Its  course  from  the  junction  with  the  Tahkeena 
to  this  point  is  generally  a  little  east  of  north;  at  this  point  it 
turns  to  nearly  west  for  some  distance.  Its  courso  between 
here  and  its  confluence  with  the  Pelly  is  northwest,  and,  I  may 
add,  it  preserves  this  general  direction  down  to  the  confluence 
with  the  Porcupine.  The  river  also  changes  in  another  respect; 
it  is  generally  wider,  and  often  expands  into  what  might  be 
called  lakes,  in  which  are  islands.  Some  of  the  lakes  are  of 
considerable  length,  and  well  timbered. 

Thirty-six  and  a  quarter  miles  below  the  Big  Salmon,  the 
Little  Salmon — ^the  Daly  of  Schwatka— enters  the  Lewes.  Thi» 
river  is  about  sixty  yards  wide  at  the  mouth,  and  not  more 
than  two  or  three  feet  in  depth.  The  water  is  clear  and  of  a 
brownish  hue;  there  is  not  much  current.  The  valley  which, 
from  the  mouth,  does  not  appear  extensive,  bears  northeast  for 
some  distance,  when  it  appears  to  turn  more  to  the  east.  Six 
or  seven  miles  up,  and  apparently  on  the  north  side,  some  high 
cliffs  of  red  rock,  apparently  granite,  can  be  seen. 

Lewes  River  makes  a  turn  here  to  the  southwest,  and  runs 
in  that  direction  six  miles,  when  it  again  turns  to  the  northwest 
for  seven  miles,  and  then  makes  a  short,  sharp  turn  to  the 
south  and  west  around  a  low,  sandy  point,  which  will,  at  some 
day  in  the  near  future,  be  cut  through  by  the  current,  which 
will  shorten  the  river  three  or  four  miles. 

Eight  miles  below  Little  Salmon  River,  a  large  rock  called 
the  Eagle's  Nest,  stands  up  in  a  gravel  slope  on  the  easterly 
bank  of  the  river.  It  rises  about  five  hundred  feet  above  the 
river,  and  is  composed  of  a  light  gray  stone.  What  the  char- 
acter of  *'  <  „^x  IS  I  could  not  observe,  as  I  saw  it  only  from 
the  river,  which  is  about  a  quarter  of  a  mile  distant.  On  the 
westerly  side  of  the  river  there  are  two  or  three  other  isolated 
masses  of  apparently  the  same  kind  of  rock.  One  of  them 
might  appropriately  be  called  a  mountain;  it  is  southwest  from 
the  Eagle's  Nest  and  distant  from  it  about  three  miles. 


^^m 


\\ 


59o 


OFFICIAL  STATISTICS. 


Thirty-two  miles  below  Eagle's  Nest  Rock,  Nordenskiold 
River  enters  from  the  west.  It  is  an  unimportant  stream,  being 
not  more  than  one  hundred  and  twenty  feet  wide  at  the  mouth, 
and  only  a  few  inches  deep.  The  valley,  as  far  as  can  be  seen, 
is  not  extensive,  and,  being  very  crooked,  it  is  hard  to  tell  what 
its  general  direction  is. 

The  Lewes,  between  the  Little  Salmon  and  the  Norden- 
skiold, maintains  a  width  of  from  two  to  three  hundred  yards, 
with  an  occasional  expansion  where  there  are  islands.  It  is 
serpentine  in  its  course  most  of  the  way,  and  where  the  Norden- 
skiold joins  it  is  very  crooked,  running  several  times  under  a 
hill,  named  by  Schwatka  Tantalus  Butte,  and  in  other  places 
leaving  it,  for  a  distance  of  eight  miles.  The  distance  across 
from  point  to  point  is  only  half  a  mile. 

Below  this  to  Five  Finger  Rapids,  so-called  from  the  fact 
that  five  large  masses  of  rock  stand  in  mid-channel,  the  river 
assumes  its  ordinary  straightness  and  width,  with  a  current 
from  four  to  five  miles  per  hour.  I  have  already  described 
Five  Finger  Rapids;  I  do  not  think  they  will  prove  anything 
more  than  a  slight  ob'^truction  in  the  navigation  of  the  river. 
A  boat  of  ordinary  power  would  probably  have  to  help  herself 
up  with  windlass  and  line  in  high  water. 

Below  the  rapids,  for  about  two  miles,  the  current  is  strong 
— ^probably  six  miles  per  hour— but  the  water  seems  to  be  deep 
enough  for  any  boat  that  is  likely  to  navigate  it. 

Six  miles  below  this,  as  already  noticed,  Rink  Rapids  are 
situated.  They  are  of  no  great  importance,  the  westerly  half  of 
the  stream  only  being  obstructed.  The  easterly  half  is  not  in 
any  way  affected,  the  current  being  smooth  and  the  water  deep. 

Below  Five  Finger  Rapids  about  two  miles  a  small  stream 
enters  from  the  east.  It  is  called  by  Dr.  Dawson  Tatshun 
River.  It  is  not  more  than  thirty  or  forty  feet  wide  at  the 
mouth,  and  contains  only  a  little  clear,  brownish  water. 

Between  Five  Fingtx  Rapids  and  Pelly  River,  fifty-eight  and 
a  half  miles,  no  streams  of  any  importance  enter  the  Lewes; 
in  fact,  with  the  exception  of  the  Tatshun,  it  may  be  said  that 
none  at  all  enter. 

About  a  mile  below  Rink  Rapids  the  river  spreads  out  into 
a  lake-like  expanse,  with  many  islands;  this  continues  for  about 
three   miles,   when  it   contracts  to   8om«;thing    like    the    usual 


GENERAL  INFORMATION. 


S8i 


width;  but  bars  and  small  islands  are  very  numerous  all  the 
way  to  Pelly  River.  About  five  miles  above  Pelly  River  there 
is  another  lake-like  expanse  filled  with  islands.  The  river  here 
for  three  or  four  miles  is  nearly  a  mile  wide,  and  so  numerous 
and  close  are  the  islands  that  it  is  impossible  to  tell  when 
floating  among  them  where  the  shores  of  the  river  are.  The 
current,  too,  is  swift,  leading  one  to  suppose  the  water  shallow; 
but  I  think  even  here  a  channel  deep  enough  for  such  boats 
as  will  navigate  this  part  of  the  river  can  be  found.  Schwatka 
named  this  group  of  islands  "Ingersoll  Islands." 

At  the  mouth  of  the  Pelly  the  Lewes  is  about  half  a  mile 
wide,  and  here  too  there  are  many  islands,  but  not  in  groups 
as  at  Ingersoll  Islands. 

About  a  mile  below  the  Pelly,  just  at  the  ruins  of  Fort  Sel- 
kirk,  the  Yukon  was  found  to  be  565  yards  wide,  about  two- 
thirds  being  ten  feet  deep,  with  a  current  of  about  four  and 
three-quarter  miles  per  hour;  the  remaining  third  was  more 
than  half  taken  up  by  a  bar,  and  the  current  between  it  and 
the  south  shore  was  very  slack. 

Pelly  River  at  its  mouth  is  about  two  hundred  yards  wide, 
and  continues  this  width  as  far  up  as  could  be  seen.  Dr.  Daw- 
son made  a  survey  and  examination  of  this  river,  which  will 
be  found  in  his  report  already  cited,  "Yukon  District  and 
Northern  British  Columbia." 

Just  here  for  a  short  distance  the  course  of  the  Yukon  is 
nearly  west,  and  on  the  south  side,  about  a  mile  below  the 
mouth  of  the  Lewes,  stands  all  that  remains  of  the  only  trad> 
ing  post  ever  built  by  white  men  in  the  district.  This  post 
was  established  by  Robert  Campbell,  for  the  Hudson's  Bay 
Company,  in  the  summer  of  1848. 

Mr.  Campbell's  first  visit  to  the  site  of  Fort  Selkirk  was 
made  in  1840,  under  instructions  from  Sir  George  Simpson, 
then  Governor  of  the  Hudson's  Bay  Company.  He  crossed 
from  the  head  waters  of  the  Laird  to  the  waters  of  the  Pelly. 
It  appears  the  Pelly,  where  he  struck  it,  was  a  stream  of  con- 
siderable size,  for  he  speaks  of  its  appearance  when  he  first  saw 
it  from  "Pelly  Banks,"  the  name  given  the  bank  from  which 
he  first  beheld  it,  as  a  "splendid  river  in  the  distance."  In 
June,  1843,  he  descended  the  Pelly  to  its  confluence  with  the 
larger  stream,  which  he  named  the  "Lewes."    It  was  not  until 


S8a 


OFFICIAL  STATISTICS. 


1850  that  he  could  establish,  what  he  says  he  all  along  believed, 
"that  the  Telly  and  Yukon  were  identical."  This  he  did  by 
descending  the  river  to  where  the  Porcupine  joins  it,  and  where 
in  1847  Fort  Yukon  was  established  by  Mr.  A.  H.  Murray  for 
the  Hudson's  Bay  Company. 

Nothing  was  ever  done  in  the  vicinity  of  Fort  Selkirk  by 
the  Hudson's  Bay  Company,  and  in  1869  the  Company  was  or- 
dered by  Capt.  Charles  W.  Raymond,  who  represented  the 
United  States  Government,  to  evacuate  the  post  at  Fort  Yukon, 
he  having  found  that  it  was  west  of  the  141st  meridian.  The 
post  was  occupied  by  the  Company,  however,  for  some  time 
after  the  receipt  of  this  order  and  until  Rampart  House  was 
built,  which  was  intended  to  be  on  British  territory,  and  to 
take  the  trade  previously  done  at  Fort  Yukon. 

On  many  maps  of  Alaska  a  place  named  "Reed's  House"  is 
shown  on  or  near  the  upper  waters  of  Stewart  River.  There  is 
a  small  lake  at  some  distance  in  a  northerly  direction  from 
Fort  Selkirk,  where  fish  were  procured.  A  sort  of  shelter  had 
been  made  at  that  point  for  the  fishermen,  and  a  few  furs 
might  have  been  obtained  there,  but  it  was  never  regarded  as 
a  trading  post. 

Below  Fort  Selkirk,  the  Yukon  River  is  from  five  to  six 
hundred  yards  broad,  and  maintains  this  width  down  to  White 
River,  a  distance  of  ninety-six  miles.  Islands  are  numerous,  so 
much  so  that  there  are  very  few  parts  of  the  river  where  there  are 
not  one  or  more  in  sight.  Many  of  them  are  of  considerable 
size,  and  nearly  all  are  well  timbered.  Bars  are  also  numerous, 
but  almost  all  are  composed  of  gravel,  so  that  navigators  will 
not  have  to  complain  of  shifting  sand  bars.  The  current  as  a 
general  thing  is  not  so  rapid  as  in  the  upper  part  of  the  river, 
averaging  about  four  miles  per  hour.  The  depth  in  the  main 
channel  was  always  found  to  be  more  than  six  feet. 

From  Pelly  River  to  within  twelve  miles  of  White  River  the 
general  course  of  the  river  is  a  little  north  of  west;  it  then 
turns  to  the  north,  and  the  general  course  aa  far  as  the  site  of 
Fort  Reliance  is  due  north. 

White  River  enters  the  main  river  from  the  west.  At  the 
mouth  it  is  about  two  hundred  yards  wide,  but  a  great  part  of  it 
is  filled  with  ever-shifting  sand-bars,  the  main  volume  of  water 
being  confined  to  a  channel  not  more  than  one  hundred  yards 
in  width.    The  current  is  very  strong,  certainly  not  less  than 


GENERAL  INFORMATION. 


583 


eight  miles  per  hour.    The  color  of  the  water  bears  witness  to 
this,  as  it  is  much  the  muddiest  that  I  have  ever  seen.* 

Between  White  and  Stewart  Rivers,  ten  miles,  the  river 
spreads  out  to  a  mile  and  upwards  in  width,  and  is  a  maze  of 
islands  and  bars.  The  survey  was  carried  down  the  easterly 
shore;  many  of  the  channels  barely  alTorded  water  enough  to 
float  the  canoes.  The  main  channel  is  along  the  westerly  shore, 
down  which  the  large  boat  went,  and  the  crew  reported  plenty 
of  water. 

Stewart  River  enters  from  the  east  in  the  middle  of  a  wide 
valley,  with  low  hills  on  both  sides,  rising  on  the  north  side  in 
steps  or  terraces  to  distant  hills  of  considerable  height.  The 
river  half  A  mile  or  so  above  the  mouth,  is  two  hundred  yards 
in  width.  The  current  is  slack  and  the  water  shallow  and  clear, 
but  dark  colored. 

From  Stewart  River  to  the  site  of  Fort  Reliance,  seventy- 
three  and  a  quarter  miles,  the  Yukon  is  broad  and  full  of  is- 
lands. The  average  width  is  between  a  half  and  three-quarters 
of  a  mile,  but  there  are  many  expansions  where  it  is  over  a 
mile  in  breadth;  however,  in  these  places  it  can  not  be  said 
that  the  waterway  is  wider  than  at  other  parts  of  the  river,  the 
islands  being  so  large  and  numerous.  In  this  reach  no  streams 
of  any  importance  enter. 

About  thirteen  miles  below  Stewart  River  a  large  valley 
joins  that  of  the  river,  but  the  stream  occupying  it  is  only  a 
large  creek.  This  agrees  in  position  with  what  has  been  called 
Sixty  Mile  Creek,  which  was  supposed  to  be  about  that  dis- 
tance above  Fort  Reliance,  but  it  does  not  agree  with  descrip- 
tions which  I  received  of  it;  moreover  as  Sixty  Mile  Creek  is 
known  to  be  a  stream  of  considerable  length,  this  creek  would 
not  answer  its  description. 

Twenty-two  and  a  half  miles  from  Stewart  River  another  and 
larger  creek  enters  from  the  same  side;  it  agrees  with  the  de- 
scriptions of  Sixty  Mile  Creek,  and  I  have  so  marked  it  on  my 


•The  White  River  very  probably  flows  over  volcanic  de- 
posits as  its  sediments  would  indicate;  no  doubt  this  would 
account  for  the  discoloration  of  its  waters.  The  volcanic  ash 
appears  to  cover  a  great  extent  of  the  Upper  Yukon  basin 
drained  by  the  Lewes  and  Pelly  Rivers. 


584 


OFFICIAL  STATISTICS. 


map.    This  stream  is  of  no  importance,  except  for  what  min- 
eral wealth  may  be  found  on  it.* 

Six  and  a  half  miles  above  Fort  Reliance  the  Thron-Diucki- 
River  of  the  Indians  (Deer  River  of  Schwatka)  enters  from  the 


*Sixty  Mile  Creek  is  about  one  hundred  miles  long,  very 
crooked,  with  a  swift  current  and  many  rapids,  and  is  therefore 
not  easy  to  ascend. 

Miller,  Glacier,  Gold,  Little  Gold,  and  Bedrock  Creeks  are 
all  tributaries  of  Sixty  Mile.  Some  of  the  richest  discoveries 
in  gold  so  far  made  in  the  interior  since  1894  have  been  upon 
these  creeks,  especially  has  this  been  the  case  upon  the  two 
first  mentioned.  There  is  a  claim  upon  Miller  Creek  owned  by 
Joseph  Boudreau  from  which  over  $100,000  worth  of  gold  is 
said  to  have  been  taken  out. 

Freight  for  the  mines  is  taken  up  Forty  Mile  Creek  in  sum- 
mer for  a  distance  of  thirty  miles,  then  portaged  across  to  the 
heads  of  Miller  and  Glacier  Creeks.  In  the  winter  it  is  hauled 
in  by  dogs. 

The  trip  from  Cudahy  to  the  post  at  the  mouth  of  Sixty 
Mile  River  is  made  by  ascending  Forty  Mile  River  a  small  dis- 
tance,  making  a  short  portage  to  Sixty  Mile  River  and  running 
down  with  its  swift  .  current.  '  Coming  back  on  the  Yukon, 
nearly  the  whole  of  the  round  trip  is  made  down  stream. 

Indian  Creek  enters  the  Yukon  from  the  east  about  thirty 
miles  below  Sixty  Mile.  It  is  reported  to  be  rich  in  gold,  but 
owing  to  the  scarcity  of  supplies  its  development  has  been  re- 
tarded. 

At  the  mouth  of  Sixty  Mile  Creek  a  town  site  of  that  name 
is  located,  it  is  the  headquarters  for  upwards  of  one  hundred 
miners  and  where  they  more  or  less  assemble  in  the  winter 
months. 

Messrs.  Harper  &  Co.  have  a  trading  post  and  a  saw-mill  on 
an  island  at  the  mouth  of  the  creek,  both  of  which  are  in  charge 
of  Mr.  J.  Leduc,  one  of  the  partners  of  the  firm,  and  who  was 
at  one  time  in  the  employ  of  the  Alaska  Commercial  Company. 

t  Dawson  City  is  situated  at  the  mouth  of  the  Thron-Diuck, 
and  although  it  was  located  only  a  few  months  agb,  it  is  the 
scene  of  great  activity.  Very  rich  deposits  of  gold  have  been 
lately  found  on  Bonanza  Creek  and  other  affluents  of  the  Thron- 
Diuck. 


GENE5AL  INFORMATION 
nail  ^ . 


58s 


east     1.  •  '^"'"RMATION 

«d'.h,„",*  ■"•"  river  ,b„„.,  5«i 

Hiver  enter*  /..«-!:/        **  ***^ow  Fort  R-i:- 

•wee  lookiae  '  if'''  "  *'''«  ""i  can  bT,..  '^."  ""'  «"«■■■ 
B«we«."|.o'^«J~';«<'  fro-  the  „':r"  '"  "  ">■"  <«- 
Msume,  it,  norm.i        ""  »"<"   *'o«y  M«r»- 

W.  but  wa,  e,«^.J:,T'"-     This    ,'^07?'  ,"""*•  •""  "■' 
Forty  Mile  RiyTZkV""  ""  '""«"  «  forty   tl'^"-''"   ■""" 
Forty  Mile  Rw"*^^ '."  '«'««•  '^'  '"""  """cj,  ,he 

general  coarse  ..  7    '      '  ""  "am  river  f™ 

ported  by  the  mi„e«  .„  ^'''   ''  ^^"thwest;  aftfr  .h    '^:  *  ^•«- 
to  have  a^r^^j  J    .     '°  "»"  nearer  so,,fi,    \?^        '^'«  't   is  re- 

and  srea;^'ont1h'r:  ""^"  '^  ^or?  San^^V'  i'*'"  ^^^^ 
that  distance    t  ha!     ^\^"^'*^  *  We  riv^     tk  ""'^'"^  ""«^»» 
country  adioinl      •    '^""^^^  ^he  level  Tf  tl.*       ?*^  '^^  '*«»  at 
v-y  lil^tie  ibo'^^^i  ''^^  ^--be  at^  flat  an'd"''''*"'  ^"^  *^* 
*o  the  Tanana  Ri         "'''''•    ^*  '«  only  a  '  h^  ^^^^P^'  "«»» 

^-e   descS  t T'  '"^'  ''^^"tajof  T^yT'''''  *-°»* 
thre*  miles  of  F^l     ^'"'Portant   stream       ^  ,    ^°°-^b»ch  i» 

yards  wide  at  thl  /*"*  hundred  to  on!  t     . 

•Forty  Mile  t  """'  '^'"'  •"<• 

Fo«y  Mile  Rte  7."i'"'  '=  .""«•«)  o„  ,h.  ,„„.,     .^ 

•  '"  '""O'ion  with  the  yIicoT  °'  "■« 


SS6 


OFFICIAL  STATISTICS. 


on  the  north  side  there  is  plenty  of  room  to  walk  along  the 
beach.  At  the  lower  end  of  the  canyon  there  is  a  short  turn  and 
swift  water  in  which  are  some  large  rocks;  these  can  not  gen- 
erally be  seen,  and  there  is  much  danger  of  striking  them  run- 
ning  down  in  a  boat.  At  this  point  several  miners  have  been 
drowned  by  their  boats  being  upset  in  collision  with  these 
rocks.  It  is  no  great  distance  to  either  shore  and  one  would 
think  an  ordinary  swimmer  would  have  no  difficulty  in  reach- 
ing land;  but  the  coldness  of  the  water  soon  benumbs  a  man 
completely  and  renders  him  powerless. 

The  length  of  the  so-called  canyon  is  about  a  mile.  Above  it 
the  river  up  to  the  boundary  is  generally  smooth,  with  swift 
current  and  an  occasional  ripple.  The  amount  of  water  dis- 
charged by  this  stream  is  considerable;  but  there  is  no  pros- 
pect of  navigation,  it  being  so  swift  and  broken  by  small  rapids. 

From  Forty  Mile  River  to  the  boundary  the  Yukon  pre- 
serves the  same  general  character  as  between  Fort  Reliance 
and  Forty  Mile,  the  greatest  width  being  about  half  a  mile  and 
the  least  about  a  quarter. 

Fifteen  miles  below  Forty  Mile  River  a  large  mass  of  rock 
stands  on  the  east  bank.  This  was  named  by  Schwatka  "Ro- 
quette  Rock."  but  is  known  to  the  traders  as  Old  Woman 
Rock,  a  similar  mass,  on  the  west  side  of  the  river,  being 
known  as  Old  Man  Rock. 

Between  Forty  Mile  River  and  the  boundary  line  no  stream 
of  any  size  joins  the  Yukon;  in  fact,  there  is  only  one  stream, 
which  some  of  the  miners  have  named  Sheep  Creek,  but  as 
there  is  another  stream  further  down  the  river,  called  by  the 
same  name,  I  have  named  it  Coal  Creek.  It  is  five  miles  be- 
low Forty  Mile,  and  comes  in  from  the  east,  and  is  a  large 
creek,  but  not  at  all  navigable.  On  it  some  extensive  coal 
seams  were  seen. 

METALS  FOUND  ON  THE  RIVER. 

About  two  miles  up  Forty  Mile  River  there  are  large  ex- 
posures of  a  white  and  a  gray  limestone,  containing  many  thin 
seams  and  pockets  of  galena.  One  of  the  seams  as  seen  on  the 
bank  is  of  considerable  extent,  but  as  to  its  length  there  ^s  no 
evidence,  as  it  is  all  covered  with  drift.  Two  specimens  were 
sent  out  and  have  been  assayed  by  Mr.  G.  C.  Hoffman,  of  the 
Geological  Survey,  with  the  following  result:  Specimen  marked 
II,   from   Forty   Mile,   about  two  and   one-half  miles   up,   con- 


tains 
hnnc 

site  1 

Fort 

four 


GENERAL  INFORMATION. 


ta'n«:  gold,  a  dl«tln<^  ♦  ^ 

Specimen  marked  I   fr««         ?^  Pounda.  "^     "' 

-.  *.  .,«H  Of  Th;„X"cn,t"''.t'  ^-i:''- «-«.  oppo. 

,    "  /'•'■•nee,  contain.:  eoM    .  .       '  "*"•"'  ««  milei  ,bm« 

"specimen  marked  IV    from  « 

near  Chandi„du   River.   te„o"^  Z^\  ^'**'°"  '^^^  o^  survey    or 
-ince.   contains:   Rold    a  .  *'^*^''*  "»"«»  below   Fort   p  u 

the  order  of  their  ».I«    tLIT""^  *«  '«•«!■"««  found  7« 

-p  son,.  ,„„  Chth^Tron"'.?:"-'/'"'."'  <■-"' «"  pci::? 
»-ic.  .„  th,.  i  '„rr".«  r  "r"'" "» '"^^  h.«h  tc 

"^^  could  be  lea™*^.   '^o  '"«'-  detail,  regarding  ,h",  ^f. 
"^n  extensive  ledge  of  »oM  k      • 


OFFICIAL  STATISTICS. 


!i 


US  along  the  lakes  and  river  as  we  descended,  but  with  the  ex- 
ception of  the  colors  mentioned  at  the  quarts  ledge  on  Lake 
Bennett,  none  was  found  until  after  we  had  passed  Lake  Le- 
Barge,  about  six  miles  below  which,  at  a  sharp,  short  bend  in 
the  river,  we  found  in  a  bar  many  colors  to  the  pan.  It  may 
be  said  generally  that  colors  are  found  anywhere  on  the  river 
between  that  point  and  the  boundary,  and  also  on  the  tribu- 
taries which  have  been  prospected. 

It  is  probable  that  we  have  not  less  than  1,400  miles  of 
stream  in  our  part  of  the  district,  upon  all  of  which  gold  can 
be  found. 

About  eighteen  miles  below  the  Teslintoo  I  saw  the  first  place 
that  had  been  worked  for  gold.  Here  a  hut  had  been  erected, 
and  there  were  indications  that  a  party  had  wintered  there. 
Between  it  and  Big  Salmon  River,  six  other  locations  were 
met  with.  One  of  them,  named  Cassiar  Bar,  was  worked  in  the 
season  of  1886,  by  a  party  of  four,  who  took  out  $6,000  in  thirty 
days.  They  were  working  there  when  I  passed  in  1887,  but 
stated  that  all  they  could  get  that  season  was  about  $10  per 
day,  and  that  it  was  then  (3rd  August)  about  worked  out.  At 
the  time  of  my  visit  they  were  trying  the  bank,  but  found  the 
ground  frozen  at  a  depth  of  about  three  feet,  though  there 
was  no  timber  or  moss  on  it.  They  had  recourse  to  fire  to 
thaw  out  the  ground,  but  found  this  slow  work. 

From  Mr.  T.  Boswell,  who  had  prospected  the  Teslintoo,  or 
Newberry  River,  in  the  summer  of  1887, 1  learned  that  the  whole 
length  of  that  river  yielded  fine  gold,  generally  at  the  rate  of 
$8  to  $10  per  day. 

Stewart  River  was  the  first  in  the  district  on  which  mining 
to  any  extent  was  done.  In  1886  there  were  quite  a  number 
of  miners  on  it  engaged  in  washing  gold  and  they  all  appear 
to  have  done  fairly  well. 

The  only  mining  done  on  Stewart  River  was  on  the  bars 
in  the  river;  the  bench  and  bank  bars  were  all  timbered  and 
frozen,  so  that  to  work  them  would  entail  a  resort  to  hydraulic 
mining,  for  which  there  was  no  machinery  in  the  country. 

During  the  fall  of  1886,  three  or  four  miners  combined  and 
got  the  owners  of  the  "New  Racket"  steamboat  to  allow  the 
use  of  her  engines  to  work  pumps  for  sluicing  with.  The  boat 
was  hauled  up  on  a  bar,  her  engines  detached  from  the  wheels, 
and  made  to  drive  a  set  of  pumps  manufactured  on  the  ground, 


GENERAL  INFORMATION. 


589 


which  supplied  water  for  a  set  of  sluicing  boxes.  With  this 
crude  machinery,  in  less  than  a  month,  the  miners  cleared 
$1,000  each,  and  paid  an  equal  amount  to  the  owners  of  the 
l)oat  as  their  share. 

Alexander  McDonald  reported  to  me  that  the  gold  on  the 
upper  river  was  somewhat  coarser  than  that  on  the  lower,  but 
not  enough  so  as  to  be  called  "coarse  gold.**  He  seemed  to 
be  satisfied  with  the  result  of  his  season's  prospecting,  and  in* 
tended  spending  the  next  season  there. 

Many  of  the  miners  who  had  spent  1886  on  Stewart  River, 
and  1887  on  Forty  Mile  River,  seemed  to  think  the  former  the 
better  all  round  mining  field,  as  there  were  no  such  failures 
there  as  on  Forty  Mile,  and  they  declared  their  intention  to 
make  their  way  back  to  the  Stewart  for  the  season  of  1888. 

Forty  Mile  River  is  the  only  river  in  the  dictrict  on  which, 
up  to  the  fall  of  1888,  coarse  gold  had  been  found. 

The  miners  term  Forty  Mile  a  "bed-rock"  creek— that  is, 
one  in  the  bed  of  which  there  is  little  or  no  drift,  or  detrital 
matter,  the  bottom  of  the  river  being  bed-rock.  In  many  places 
this  rock  had  been  scraped  with  knives  by  the  miners,  in  order 
to  gather  the  small  amount  of  detritus  and  its  accompanying 
gold. 

Very  little  of  the  gold  on  this  creek  was  found  in  Canadian 
territory,  the  coarsest  gold  being  found  well  up  the  river.  The 
river  had  been  prospected  in  1887  for  upwards  of  one  hundred 
miles,  and  gold  found  all  the  way  up.  The  great  point  with  a 
miner  is  to  find  where  the  gold  comes  from.  To  do  this  he  has 
to  reach  a  point  on  the  river  where  there  is  none;  then  he 
knows  he  has  passed  the  source,  and  will  search  in  side  valleys 
ind  gulches.  The  theory  seems  to  be  that  the  gold  is  stored  up 
somewhere  and  dribbled  out  along  the  river. 

Pieces  of  gold-bearing  quartz  had  frequently  been  picked  up 
along  the  river  in  shallow  drift.  Near  the  mouth  of  the  river 
there  is  an  extensive  flat  of  detrital  matter  through  v/hich  a 
couple  of  small  creeks  flow.  This  is  all  said  to  be  gold-bearing, 
and,  it  was  thought,  would  pay  well  for  sluicing. 

Big  and  Little  Salmon  Rivers  have  also  been  prospected, 
with  the  usual  result  that  more  or  less  gold  has  been  found 
everywhere. 

I  think  it  may,  with  confidence,  be  asserted  that  rich  fields 
will  yet  be  made  of  both  coarse  gold  and  gold-bearing  quartz. 


m 


590 


OFFICIAL  STATISTICS. 


:    ; 


!! 


i! 


It  is  not  likely  in  the  nature  of  things  that  such  a  vast  extent 
of  country  should  have  all  its  fine  gold  deposited  as  sediment, 
brought  from  a  distance  in  past  ages  of  the  world's  develop- 
ment. If  this  is  not  the  case,  the  matrix  from  which  all  the 
gold  on  these  streams  has  come,  must  still  exist,  in  part  at 
least,  and  will  no  doubt  be  discovered. 

There  are  many  hank  and  bench  bars  along  the  river  which 
would  pay  well  if  sluiced,  but  there  is  no  convenient  or  eco- 
nomical way  of  getting  water  on  them,  and  there  is  no  pumping 
machinery  as  yet  in  the  country.  One  bank  bar  of  large  ex- 
tent, called  Rogers'  Bar,  just  below  Old  Man  Rock,  attracted 
attention  in  the  spring  of  1888,  and  some  miners  were  thinking 
of  getting  in  an  engine  and  pumps  to  work  it. 

This  bar  is  more  than  fifty  feet  above  the  water.  It  fronts 
on  the  river  for  more  than  two  miles,  and  is  in  places  nearly 
two  miles  deep. 

Platinum  is  generally  found  associated  with  gold.  This  is 
particularly  the  case  on  Forty  Mile  River. 

As  very  few  outside  of  mining  communities  understand  any- 
thing of  the  momenclature  of  the  craft,  or  of  the  methods  em- 
ployed to  separate  the  very  small  quantities  of  the  precious 
metal  from  the  baser  material  with  which  it  is  associated,  a 
short  description  will  not  be  out  of  place. 

When  a  miner  "strikes"  a  bar  he  "prospects"  it  by  washing 
a  few  panful  s  of  the  gravel  or  sand  of  which  it  is  composed. 
According  to  the  number  of  "colors"  he  finds  to  the  pan,  that 
is,  the  number  of  specks  oi  gold  he  can  sec  in  his  pan  after  all 
the  dirt  has  been  washed  out,  he  judges  of  its  richness.  Many 
of  them  have  had  so  much  experience  that  they  can  tell  in  a 
few  minutes  very  nearly  how  much  a  bar  will  yield  per  day 
to  the  man. 

The  process  of  "placer"  mining  is  about  as  follows:  After 
clearing  all  the  coarse  gravel  and  stone  off  a  patch  of  ground, 
the  miner  lifts  a  little  of  the  finer  gravel  or  sand  in  his  pan, 
which  is  a  broad,  shallow  dish,  made  of  strong  sheet  iron;  he 
then  puts  in  water  enough  to  fill  the  pan,  and  gives  it  a  few 
rapid  whirls  and  shakes;  this  tends  to  bring  the  gold  to  the 
bottom  on  account  of  its  greater  specific  gravity.  The  dish  is 
then  shaken  and  held  in  such  a  way  that  the  gravel  and  sand 
are  gradually  washed  out,  care  being  taken  as  the  process  nears 
completion  to  avoid    letting  out  the  finer  and  heavier  parts  that 


PRACTICAL  MINING  METHODS. 


have  settled  to  th»  h«**  ^  »' 

is  whatever  gold  L     u  "*    ^*°*"y  *»  that  is  left  in  ^i, 

mercury.    As  soon  as  th-       ij  *"^  «  pound  or  ♦«,«     r 

bag  is  placed  i„  a  retor.    -r    t  ^^'''"'  ^«d   what  remain!         ^u 
^""^  »  <=^"e<i  the  "pan"  o,  ...,„.,. 

-de.  n„de  in    w:"7,'4%tr/'"»«  ""«  "«  >ong  and  . 

^heif  abou'  .dwi/r;';""  ••« "  ««ed  !i.°h  r"",!""" 

lower  at  i„  7'°" 'J'  ""  "s  depth,   which  ■.  ,i  "   ""^''ned 

a  piece  o    I  '        *■  "''   "»"  «     •»  upper     A      ^  '"«'''  '"^h" 

and  when  ,?  ";  T       --""""Wins  those  of  1„  L?'"   "«"»■«'<» 
«>e  whole  L     I       "  '"  P'a«d  on  two  hi  l    °f'''"a'-y  cradle, 

his  cTaii    he  I    V  7""'"'  ■■°<='-«i-    After  the      •  °    """^  '"  ""a 

••'ocker™'  w  i  rt„«\''^  "-'  -vtient'preV"  '-'T" 

i"= «-.:,:  ;':,;•»''  wi'h  the""„.Lt\r,ad";t'  °"' """'' 

tte  blanket,  which  itck"-'  ''°'''  ''"»  "'"'"Sh  'he  hi  """• 
'"I"  of  gold,  while  he  J  P™8«»s.  and  holds  thei  ""*'' 
"":  bottom   of  Th.   K        """^  '"<>  other  matter  „  *"'  P"" 


T 


593 


OFFICIAL  STATISTICS. 


Across  the  bottom  of  the  box  are  fixed  thin  slats,  behind  which 
some  mercury  is  placed  to  catch  any  particles  of  gold  which 
may  escape  the  blanket.  If  the  gold  is  nuggety,  the  large  nug- 
gets are  found  in  the  upper  box,  their  weight  detaining  them 
until  all  the  lighter  stuff  has  passed  through,  and  the  smaller 
ones  are  held  by  a  deeper  slat  at  the  outward  end  of  the  bottom 
of  the  box.  The  piece  of  blanket  is,  at  intervals,  taken  out  and 
rinsed  into  a  barrel;  if  the  gold  is  fine,  mercury  is  placed  at  the 
bottom  of  the  barrel,  as  already  mentioned. 

Sluicing  is  always  employed  when  possible.  It  requires  a 
good  supply  of  water  with  sufficient  head  or  fall.  The  process 
is  as  follows:  Planks  are  procured  and  formed  into  a  box  of 
suitable  width  and  depth.  Slats  are  fixed  across  the  bottom  of 
the  box  at  suitable  intervals,  or  shallow  holes  bored  in  the 
bottom  in  such  order  that  no  particle  could  run  along  the 
bottom  in  a  straight  line  and  escape  without  running  over  a 
hole.  Sever'- A  of  these  boxes  aie  then  set  up  with  a  consider- 
able slope  and  are  fitted  into  one  another  at  the  ends  like  a 
stove-pipe.  A  stream  of  water  is  now  directed  into  the  upper 
end  of  the  highest  box.  The  gravel  having  been  collected,  as 
in  the  case  of  the  rocker,  it  is  shoveled  into  the  upper  box  and 
is  washed  downwards  by  the  strong  current  of  water.  The  gold 
is  detained  by  itS  weight,  and  is  held  by  the  slats  or  in  the 
holes  mentioned;  if  it  is  fins,  mercury  is  placed  behind  the 
si'Kts  or  in  these  holes  to  catch  it.  In  this  way  about  three 
tinges  as  much  dirt  can  be  washed  ar  by  the  rocker,  and  con- 
sequently three  times  as  much  gold  is  secured  in  a  given  time. 
After  the  boxes  are  done  with  they  are  burned,  and  the  ashes 
washed  for  the  gold  held  in  the  wood.* 


•A  great  many  of  the  miners  spend  their  time  in  the  summer 
prospecting  and  in  the  winter  resort  to  a  method  lately  adopted 
and  which  is  called  "burning."  They  makes  fires  on  the  sur- 
face thus  thawing  the  ground  until  the  bed  rock  is  reached, 
then  drift  and  tunnel;  the  pay  dirt  is  brought  to  the  surface 
and  heaped  in  a  pile  until  spring  when  water  can  be  obtained. 
The  sluice  boxes  are  then  set  up  and  the  dirt  is  washed  out, 
thus  enabling  the  miner  to  work  advantageously  and  profitably 
the  year  round.  This  method  has  been  found  very  satisfactory 
in  places  where  the  pay  streak  is  at  any  great  depth  from  the 
surface.    In  this  way  the  complaint  is  overcome  which  has  been 


GENERAL  INFORMATION. 

T.       r\tr%        T  _ 


unfortunately     on     t  593 

Assuming  that  X         "'   '•>""  <"  «hom  „=,!  "*'°'"'  '«S- 

from  Which  n«     I  '*^    ^^''e    River     ti,  ",  "*^«  ^'00,000 

^ ^^^  "•"  i.  inquired  wa*  fk«*     i. 

so  commoniv  JI~T: — _  ^^  *^^*  all 


several  month,  of  thevl  '"  *"<•  ""••rTrtlT^rir^;;^ 

there  is  so   liffi-   u       ?^  degrees  below  zero    T?'-   ^*  mercury 
mometers    min!  *''''"  °n  the  coast     I„  ?if      .^*  *^^  ^^^^   is 

-'«-  v^rt  f « '-rth^m":xn''''  ~" 

from  the  m5!i,        "   *^^   shade.      Ther^    •  *°   register  one 

portion  of  the  L  ^^^^^"^  doubts  in  one"!      ^'^^"other  por- 

the  summer  1  ?^  '"  ^'*^^^  ^ase  should  be      ""'"^  ^  ^^°  ^hat 
hours  Ts  hi  K        .'  '*  '■'  P°««'ble  for  a  l'^     ^''''"  *°  «'^«P-     In 

38 


594 


OFFICIAL  STATISTICS. 


who  worked  on  the  river  for  any  length  of  time  made  a  "grub 
stake."  Putting  this  at  the  lowest  value  I  placed  on  it,  $450, 
and  assuming  that  two  hundred  and  fifty  men  made  each  this 
sum,  we  have  $112,500  as  the  amount  taken  out  on  this  stream. 
I  have  heard  the  sum  placed  at  $130,000. 

All  the  gold  taken  from  the  other  streams  by  prospectors 
would  not  amount  to  more  than  a  few  thousand  dollars,  so  that 
it  is  probable  the  total  amount  taken  out  of  the  whole  district 
is  in  the  vicinity  of  a  quarter  of. a  million  dollars,  of  which 
about  half  was  taken  out  in  our  territory. 

I  learned  that  the  prevailing  high  water  interfered  very  much 
with  the  success  of  the  miners  in  the  season  of  1888,  and  that 
many  of  them  left  the  country  in  the  fall.  It  is  probable,  how- 
ever, that  a  few  will  remain  prospecting  until  something  rich 
is  found. 

As  Dr.  Dawson  has  reported  on  the  geology  of  the  region 
along  the  Lewes,  and  Mr.  McCcnnell  has  made  an  examination 
of  the  Yukon  from  Porcupine  River,  it  is  needless  to  do  more 
than  refer  to  their  reports.  J  may  briefly  state,  however,  that 
the  whole  course  of  the  river  in  Canada  is  through  a  mountain* 
ous  country,  the  rocks  of  which,  as  far  as  seen,  are  principally 
granite,  schists,  shales,  and  some  li-nestone,  the  latter  at  Lake 
Le  Barge.  There  is  also  some  basalt  at  the  canyon  and  at  the 
confluence  with  Pelly  River. 

Just  below  Coal  Creek  a  range  of  high  mountains  comes  in 
from  the  southeast,  and  continues  down  the  river  past  the 
boundary.  These  mountains  are  composed  principally  of  lime- 
stone, with  occasional  exposure  of  shale  and  sandstone. 


EXTRACTS    FROM    MR.    OGILVIE'S   REPORTS. 

Cudahy,  June  asth,  1896. 
Horses  that  have  been  in  use  here,  packing  to  the  mines  in 
the  summer  and  hauling  wood  in  the  winter  for  several  years, 
are  still  serviceable,  notwithstanding  that  they  live  only  on  the 
coarse  grasses  of  the  country.  They  pack  two  hundred  pounds 
apiece  from  Forty  Mile  River  at  the  mouth  of  Moore  Creek 
to  the  mines  on  Miller  Creek  (about  seventeen  and  a  half  or 
eighteen  miles)  and  climb  some  very  steep,  long  hills  on  the 
way,  taking  two  days  with  loads  and  one  day  without;  all  theyj 
get  to  eat  is  what  they  find. 


Ai- 


"grub 
,  $450» 
:h  this 
itream. 

;)ector8 

}o  that 

district 

which 

r  much 
id  that 
E,  how- 
ig  rich 

region 
lination 

0  more 
er,  that 
>untain> 
ncipally 
It  Lake 

1  at  the 


GENERAL  INFORMATION. 


r  /-J  59* 

'•'lied  Bo„a„«  c, '  f  ""^  ■"   «°W  Z  bL      'T  '""'  ">«  » 

,  The  discovery  was  „„.h     .  '  *  °'  *■<"» 

boen  Staged  on  "f  "'"""y  «bom  twL  fcnnH  T  """'^  »'"« 
--d  i««  branch™  "'  '""  ""^  ""k  i^  „o,  "  "  t'"""  '■«v« 
"""•Ired  claims  "L' '""''""-d  good  /or  °Lree  h  """'"«'••  » 
whicli  it  hi     L        ""'"  'hwe  arc  two  l^l      hundred  or  four 

«»  »  we'hav°e"'rr^'?«'«'  ""'  ^     <l   «o„d   "'""  "■»«  " 
*■»  river  wWc^'^i  XX'T''  '^  "-  '^^^^^^-',1,;^  '"'^ 

prospect  it  but  for  th  r'"^  ''"'  ^°""^-  Sc^es  'V..'  '''"  ""^ 
"P  there  and  it  iT.  ^  '^'^^  *^^t  they  c^  ^^f.  ^""^  ^«"'<* 
boats.  ^'  ^^  ''^^  far  to  boat  them  u^  frl'L''   ^'°"'^'°«* 

News  has  iust        •  '"^  '"  ''"^" 

worked  out  iiL  •    ^/^'^e^  from  Bonanza   r.-  i      , 

>■-   been     „!;V  wrh'"""  *'  "'k"' %«;  tf  J"'"  "« 

"»m.ly,  coarse  goM  and  'T"  "«  -"araSer  of  *„*"  "-"n^" 

"'  "one  with  slule  b«es  '  1^"  "'  "'  «  'W  .  „«  tf"  """• 
per  day  can  h»  "oxes.    It  ,s  claimeH  ♦»,«*  r  ^  '^'^   can 

»o  far.*^  We  W^  k  *"*  ""  ground  thlth^^"""  *'"  '»  fc«> 
--  Cree.-   -  :-^^Bi^^Z 

b!^»"'';-:t  ^-:/-r;^?2.  - -a-:? 

•T"'  correct  nam.  i.  t.„.  ...    .      """"-"""-"^  none 


''"'"  ""'«  ""»«  "  Thron  Diuck. 


S96 


OFFICIAL  STATISTICS. 


in 


i> '  I 


1^1 

11 


were  caught  near  here— and  the  result  is  the  dog  owners  here 
have  to  use  bacon  for  food,  which,  at  twenty-five  to  forty  cents 
per  pound,  is  expensive. 

I  would  require  a  team  of  eight  dogs  to  take  my  outfit  and 
my  man  Fawcett  with  our  provisions  and  the  dogs'  food  as  far 
as  Tkiya.  There  the  dogs  would  have  to  be  abandoned  or  killed, 
as  they  are  worthless  on  the  coast,  except  to  parties  coming  in 
here  early  in  the  season.  Starting  from  here  say  December  ist, 
it  would  be  February  before  I  reached  Ottawa,  and  during 
thirty-five  or  forty  days  of  this  time  we  would  be  exposed  to 
much  cold  and  hardship  and  some  hazard  from  storms. 

The  journey  has  been  made,  and  I  would  not  hesitate  to 
undertake  it  were  things  more  reasonable  here  and  dog  food 
plentiful,  but  it  would  take  at  least  $i,ooo  to  equip  me  with 
transport  and  outfit,  which  sum,  I  think,  I  can  expend  more 
in  the  interests  of  the  country  by  remaining  here  and  making 
a  survey  of  the  Klondak  of  the  miners — a  mispronunciation  of 
the  Indian  word  or  words  "Thron-dak"  or  "diuck,"  which 
means  plenty  of  fish,  from  the  fact  that  it  is  a  famous  salmon 
stream.  It  is  marked  Tondak  on  our  maps.  It  Joins  the  Yukon 
from  the  east,  a  few  miles  above  the  site  of  Fort  Reliance, 
about  fifty  miles  above  here.  As  I  have  already  intimated,  rich 
placer  mines  of  gold  were  discovered  on  the  branches  of  this 
stream.  The  discovery,  I  believe,  was  due  to  the  reports  of  In- 
dians. A  white  man  named  George  W.  Cormack,  who  worked 
^  ith  me  in  i887,was  the  first  to  take  advantage  of  the  rumors  and 
jocate  a  claim  on  the  first  branch,  which  was  named  by  the  min- 
ers Bonanza  Creek.  Cormack  located  late  in  August,  but  had  to 
cut  some  logs  for  the  mill  here  to  get  a  few  pounds  of  pro- 
visions to  enable  him  to  begin  work  on  his  claim.  The  fishing 
at  Thron-Diuck  having  totally  failed  him,  he  returned  with  a 
few  weeks'  provisions  for  himself,  his  wife  and  brother-in-law 
(Indians)  and  another  Indian  in  the  last  days  of  August,  and 
immediately  set  about  working  his  claim.  As  he  was  very  short 
of  appliances  he  could  only  put  together  a  rather  defective  appa- 
ratus to  wash  the  gravel  with.  The  gravel  itself  he  had  to  carry 
in  a  box  on  his  back  from  thirty  to  one  hundred  feet;  notwith- 
standing this  the  three  men  working  very  irregularly  washed 
out  $1,300  in  eight  days,  and  Cormack  asserts  with  reason  that 
had  he  had  proper  facilities  it  could  have  been  done  in  two 
days,  besides  having  several  hundred  dollars  more  gold  which 
was  lost  in  the  tailings  through  defective  apparatus. 


GENERAL  INFORMATION. 

;    crt't'h-    * 


^n  tfte  same  cre^L-  ♦.  597 

l-ou",  ,„d  i,  i,    "«JJ«°  men  rocked   out  $„  ,„     ^ 
"M  l4,ooo  in  t»„  T   ^  ""'  "»o  men  !„  ,h.  ""»"  '™' 

«"'y.  «d  a^:™"" """!"  ^'  °°«S<.  haf  1:!  'i-r  •"'«'• 

»"":  in  all  ,he„"  ^"""^  """•I  Till.  Cr«t  T"*^  ""«»'«• 
which  have  riv"  "'  !"""«  fo"'  or  five  bra^^.""'  "'"Pect^l 

'«  good  for  ab2  ""''""'  °°  "«  mainTLk   ,  St  °"*   ■••■»• 

"^«  .^ir?^"-X"^^ri j^^^^^^^^^  and 

o"  i'  «nd  a" rrl '''"''■'«"''■»   Creek''^,.^,'*^,"'''  '»•'«  mile, 

«"^-- of?ev£f  "-^--'"^^^^      ■■'  r^-^"  ■•« 

prospecting  h'T    branches  of  Stewart  R,v         '°"*^  ^^^^   ^'c* 

Now  gold   U.K '''^"*    °^    Provisions    or.       .^.°°'*   indications 
PellT£^er\'%^7"   '^""^   '"   several    of  7."''^    development 

Columbia;  so  tL;/°"*^    ''   *^^   Cassiar.o,d    fi  ^r.^"  ""*  °^ 
along  the  east.H     ^'"^"'"Ption  is  that  we  h«l     ^'^"^    '"    ^"»^«h 

of  i 'defi^itrtrjfn  "a?;-^'^'  ^^  ^^^  ^""on  r^i^ra  '^"^'^'^ 
exclusive  of  thl   S' •  •  "*  "Pwards  of  three  h,!?    3  ^^""*  ^^'t 

side  of  the  vitL     "''^   ^"^""^bia  part  of  ft     n       J""'^  ^°"«' 

fi-nce  ^zsi^:^i^^  ^-"  <»--«  a\:  :,Tr;r 

large  creek  some  thirty  or  f      """  ^'"°""'  ^^  success    a„d        '^ 

»'"-:^'  s^^ilrd-- -« ™td't  ?>r 

prospecting.  ■««   P-ve„ts   any    extensfve   or   ex^'"  *J 

I^alton   informed  <^xtended 

^    Before  closing  I   „„  *^   ^^^■ 

^rom  Bonanza  Creek  Tsl,'''^  *'"'  ^^^'>^  '-Port   that  . 
pecting  has  onlv  t  ™°''®  encouraging  th««  i     ,  ''"'"^^  '» 

^^d,   very  rich  ^     '*""'  *"<1  "P  to  date  of  «•,''*  ^*^*-    P'os> 

-3^  nch   prospects   have   been  tt^oThT.''^^*"^''- 
•  *"e  »ew   claims 


i 


OFFICIAL  STATISTICS 

prospected  on:  from  one  dollar  to  the  pan  of  dirt  up  to  twelve 
•dollars  are  reported  and  no  bed  rock  found  yet.  This  means 
from  $1,000  to  $ia,ooo  per  day  per  man  sluicing. 


Cudahy,  9th  December,  1896. 

Since  my  last  the  prospects  on  Bonanza  Creek  and  tribu- 
taries are  increasing  in  richness  and  extent  until  now  it  is  cer- 
tain that  millions  will  be  taken  out  of  the  district  in  the  next 
few  years. 

On  some  of  the  claims  prospected  the  pay  dirt  is  of  great 
•extent  and  very  rich.  One  man  told  me  yesterday  that  he 
washed  out  a  single  pan  of  dirt  on  one  of  the  claims  on 
Bonanza  and  found  $14.25  in  it.  Of  course  that  may  be  an  ex- 
ceptionally rich  pan,  but  $5  to  $7  per  pan  is  the  average  on  that 
•claim  it  is  reported,  with  five  feet  of  pay  dirt  and  the  width  yet 
-undetermined,  but  it  is  known  to  be  thirty  feet  even  at  that; 
figure  the  result  at  nine  to  ten  pans  to  the  cubic  foot,  and  five 
hundred  feet  long;  nearly  $4,000,000  at  $5  per  pan — one-fourth  of 
this  would  be  enormotts. 

Another  claim  has  been  prospected  to  such  an  extent  that 
it  is  known  there  is  about  five  feet  pay  dirt  averaging  $2  per 
pan  and  width  not  less  than  thirty  feet.  Enough  prospecting 
lias  been  done  to  show  that  there  are  at  least  fifteen  miles  of 
this  extraordinary  richness;  and  the  indications  are-  that  we 
will  have  three  or  four  times  that  extent,  if  not  all  equal  to  the 
above  at  least  very  rich. 

It  appears  a  great  deal  of  staking  for  absentees  has  been 
•done,  some  of  whom  have  turned  up  and  some  have  not.  This 
has  caused  confusion  and  leads  to  a  good  deal  of  what  might 
be  called  fraud,  for  it  is  easy  for  a  few  in  the  inner  circle  to 
Icnow  what  claims  have  been  recorded  in  accordance  with  the 
law,  and  what  have  not.  They  can  then  for  themselves  directly 
or  through  the  intervention  of  a  friend  have  the  latter  jumped 
for  their  whole  or  partial  interest..  It  appears  this  has  been 
■done  in  several  instances. 

Some  quartz  prospecting  has  been  done  in  Thron-Diuck  re- 
gion, and  it  is  probable  that  some  good  veins  will  be  found 
there.  Coal  is  found  on  the  upper  part  of  Thron-Diuck;  so 
that  the  facilities  for  working  it  if  found  are  good  and  con- 
venient. 


ROUTES  TO  THE  YUKON. 


S99 


Cudahy,  23d  January,   1897. 
A  quartz   lode   showing  free   gold   in  paying  quantities   hat 
been  located  on  one  of  the  creeks,  but  I  can  not  yet  send  par- 
ticulars.   I  am  confident  fum  the  nature  of  the  gold  found  in 
the    creeks    that    many  more  of    them— and  rich  too — will    be 

found. 

•  •  •  •  • 


Cudahy,  23d  January,    1897. 

I  have  just  heard  from  a  reliable  source  that  the  quartz 
mentioned  above  is  rich,  as  tested,  over  one  hundred  dollars  to 
the  ton.  The  lode  appears  to  run  from  three  to  eight  feet  in 
thickness  and  is  about  nineteen  miles  from  the  Yukon  River. 
I  will  likely  be  called  on  to  survey  it,  and  will  be  able  to  re- 
port fully. 

Placer  prospects  continue  more  and  more  encouraging  and 
extraordinary.  It  is  beyond  doubt  tnat  three  pans  on  different 
claims  on  £1  Dorado  turned  out  $204,  $212,  and  $216;  but  it  must 
be  borne  in  mind  that  there  were  only  three  such  pans,  though 
there  are  many  running  from  $10  to  $50. 


ROUTES  TO  THE  YUKON  DISTRICT. 

The  great  obstacle  to  the  development  of  .the  Yukon  district 
is  the  difficulty  of  access. 

There  are  at  present  only  two  traveled  routes.  One  is  by 
Lynn  Canal,  the  Taiya  (now  known  as  Dyea)  Pass,  and  by 
way  of  the  lakes  down  the  Yukon;  the  other  is  by  way  of  St. 
Michael,  Alaska,  ascending  the  river  from  its  mouth. 

Nearly  the  whole  of  the  supplies  for  the  district  come  by 
steamer  up  the  river;  it  is  the  easiest  but  the  longest  route,  and 
the  diggings  are  not  reached  tHl  a  considerable  portion  of  the 
short  summer  season  has  passed.  As  a  rule  it  is  not  safe  to 
enter  Norton  Sound,  on  account  of  ice,  before  the  isth  of 
June.  St.  Michael  is  eighty  miles  from  the  northerly  mouth 
of  the  Yukon;  to  cover  that  distance  in  a  flat  bottomed  river 
boat  requires  calm  weather.  After  crossing  the  bar  the  boat  is 
tied  up  for  cleaning  the  boilers  and  getting  rid  of  the  salt.  The 
first  boat  does  not  arrive  till  late  in  July,  and  the  river  closes 
in  the  latter  part  of  September,  so  that  the  arrival  of  the  last 


I 


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vn 

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■*■  r  r 

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ll 

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w 

'm 

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n\ 


6oo 


OFFICIAL  STATISTICS. 


■ 


boats  is  somewhat  uncertain.    Two  round   trips   in  the   season 
are  all  that  can  be  relied  upon. 

Many  parties  prefer  going  by  Lynn  Canal,  the  Taiya  (Dyea) 
Pass.  The  distance  from  the  sea  at  Chilkoot  Inlet  is  only  five 
hundred  eighty  miles  and  by  starting  in  April  or  May  the  dig* 
gings  are  reached  by  the  beginning  of  June. 

The  upper  part  of  the  Yukon  River  opens  several  weeks  be- 
fore the  lower  part  is  free  from  ice.  After  crossing  the  Pas8» 
the  trip  to  Dawson  can  be  accomplished  in  eight  days. 

J.  Dalton,  a  trader,  has  used  a  route  overland  from  Chilkat 
Inlet  to  Fort  Selkirk  going  up  the  Chilkat  and  Klaheela  Rivers, 
he  crosses  the  divide  to  the  Tahkeena  River  and  continues 
northward  over  a  fairly  open  country  practicable  for  horses. 
The  distance  from  the  sea  at  Chiikat  Inlet,  Haines  Mission,  to 
Fort  Selkirk  is  about  three  hundred  miles. 

Last  summer  a  Juneau  butcher  sent  forty  head  of  cattle  to 
Dawson.  G.  Bounds,  the  man  in  charge,  crossed  the  divide 
over  the  Chilkat  Pass,  followed  the  shore  of  Lake  Arkell,  and, 
keeping  to  the  east  of  Dalton's  trail,  reached  the  Yukon  just 
below  Rink  Rapidis.  Here  the  cattle  were  slaughtered  and  the 
meat  floated  down  on  a  raft  to  Dawson,  where  it  retailed  at 
one  dollar  a  pound. 

It  is  proposed  to  establish  a  winter  road  somewhere  across 
the  country  traveled  over  by  Dalton  and  Bounds.  The  Yukon 
can  not  be  followed,  the  ice  being  too  much  broken,  so  that 
any  winter  road  will  have  to  be  overland.  A  thorough  explora- 
tion is  now  being  made  of  all  the  passes  at  the  head  of  Lynn 
Canal  and  of  the  upper  waters  of  the  Yukon.  In  a  few  months 
it  is  expected  that  the  best  routes  for  reaching  the  district  from 
Lynn  Canal  will  be  definitely  known. 

The  following  information  regarding  the  trip  from  Juneau  to 
the  Yukon  is  taken  from  the  Alaska  Searchlight,  January,  1895: 
.  The  valley  of  the  Yukon  may  be  reached  from  Juneau, 
Alaska,  by  four  different  routes,  crossing  the  coast  range  of 
mountains  through  as  many  passes,  the  Dyea  or  Chilkoot  Pass, 
the  Chilkat,  Moore's  or  the  White  Pass,  and  Takou.  As  the 
Chilkoot  is  the  only  pass  used  to  any  extent,  it  is  this  route 
the  miner  will  select.  From  Juneau  to  the  summit  of  the  Chil- 
koot Pass  is  a  distance  of  one  hundred  and  fifteen  miles.  Small 
steamers  ply  irregularly  between  Juneau  and  Dyea,  the  head  of 
navigation,  a  hundred  miles  northwest  of  Juneau.    During  the 


ROUTES   iO  THE  VUKON. 


early  spring  these  boats  usu«m         ■,  **■ 

over  tk.T       '    '  "'•  '"Iw  are  hiirh  ,h     Z        "*''"'  *'«•'  Ihe 
Takous.    If  the  ti?  ***"  avoiding  the  rou^h       J  '  "'"^^ 

"  -  on  a'-  ^:£'Zl^^^^  '-'  ^"  -^ 
'"ding  po,„,  ,he  ^^'fi,:":^:  ir", <"'•>-  H.a,y  &  wil.„„.. 

Healy  &  Wilson,  .nd^«o„<i  f„  ..'  •'"'"'  """  «««  owned  ^^• 
coas,  „o„„^,.„^    cold  «T'e;:r''°lir""°'»°«'^^«h' 

"retches    away   hundred,  „,  ^Zts    .h!     ™""    """"•    "■« 
„  "'■on,  an  expanse  so  wide  .h=7  ."    !•       ™"    country  of    th. 

iZLr""'""-  ="'  ba^*j,'„::  irtd™'^  "^  '*•«'« 

«  r  bZ-^n  r'e"!  '*T  =">ove  Me  w^ertl^.  ""  ""'"«  " 


<oa 


OFFICIAL  STATISTICS. 


i    I 


; 


been  in  this  country  and  the  more  thoroughly  he  knows  it,  juit 
«o  much  more  care  is  used  in  the  selection  and  packing  of  his 
outfit.    A  careful  and  thorough  examination  should  be  made  to 
«ee    that    nothing    has    been  lost  or  forgotten.      There   is  his 
Yukon    sleigh,  without    which  further  progress  would  be  well- 
nigh    impossible,    a    skeleton    affair    made    from   the   best   hard 
wood   and  shod  with    ground   steel   runners.      It   is   seven   feet 
three   inches   long   and    sixteen   inches   wide— just     the    proper 
width   to  track  behind   snowshoes,   and  it  costs  from  seven  to 
fourteen  dollars.    Steel  is   preferable  to  iron  for  the  shoes,   as 
it  slides  more  easily  through  the  fine,  dry  snow  one  finds  in 
the    early  spring.      No  outfit  is  complete  without    snowshoes, 
tent,  blankets  or  fur  robes,  besides  tools  for  boat-building  and 
plenty   of   provisions,    and   now   an   ingenious    little    sheet-iron 
stove  has  come  to  be  almost  an  indispensable  luxury.    An  or- 
dinary outfit  will  weigh  about  four  hundred  pounds  to  the  man, 
although  some  have  been  taken  in  which  would  tip  the  scales 
at  fifteen  hundred  weight.       Such   large  outfits   are   no   longer 
necessary   or   advisable,   as     competition     between     the    trading 
companies  at  Forty  Mile  has  so  reduced  prices  that  it  does  not 
pay  to  take  in  more  than  a  generous  allowance  for  the  journey, 
■as  it  is  easier  to  buy  the  provisions  for  the  season's  prospecting 
there.     If  anythinp   is   lacking  it  is   well   to   remember  that   this 
post  is  the  last  store  until  the  Yukon   is   reached.    Unless  the 
weather  is  stormy  one  night  is  all  that  is  spent  in  camp  here, 
and  in  the  morning  the  outfit  is  moved  ahead.      Unless  it  is 
very  small  this   must  be  done  in  sections,   and  it   is  necessary 
to  "double  trip"  it,   in  miners'  parlance,   that  is,   make  two  or 
more  loads  of  the  outfit,   moving  a  part  ahead  to  some  point, 
then  unloading  it  and  returning  for  the  rest.    On  leaving  Healy 
&  Wilson's  with  the  last  sleigh  load,  one  bids  farewell  to  hotels, 
restaurants,   steamboats,  and   r.tores — in  fact,  to  civilization,  and 
is  a  "free  man"  to  pursue  his  course  how  and  where  he  will; 
beyond  all   conventionalities   of   society,  and   practically  beyond 
all  law  so  far  as  it  is  the  outgrowth  of  organized  governments. 
Going  up  the  Dyea  River   five  miles  on  the  ice,  will   bring 
one  to  the  mouth  of  the  canyon.    Here  in  the  woods  a  comfort- 
able camp  can  be  easily  arranged.    The  tent  is  pitched  on  top 
of  the  snow,  the  poles  and  pins  being  pushed    down    into  it. 
While  some  are  busily  engaged  in  building  a  fire  and  making 
a  bed,  the  best  cook  of  the  party  prepares  the  supper.    If  you 


wide. 

miner! 
ous  pi 
to  go 
was  bi 
used,  , 
breaks 

of    WOO( 

^*s  nan 

'og  shai 

everywh 

From 

Jn  timbe 

This  is 

Rotten  a 

all  of  th 

weather 

canip  is  j 

rocks,  an( 

f'e  exercij 

''e  swept 

should   thi 

'n  recovei 

tipped   wit 

0^  the  larg 

one  would 

above  you 

-^'o  further 


ROUTES  TO  THE  Vukon. 


.  -  '    ^nc    YUKON 

»»o«  to  a  dcDth  „?     !^  •'•■"lock  bru.h  i,  '"„      '  '?"  »«'«»  to 

^as   built   by  c«n?  •      r  *^*  *°«'  side  of  thT.  '^  necessary 

"-d.  as  most  m^l""  ^'^^^  «'  h«s  ow„  eL?"'''":  ^^'^  »-«" 
breaks  up  tL  ''  "^^  '^^^ugh  thTJn'^^"'''  ^"'  '«  littl, 
°f  woods  somi*.''"'^'"^  P'««  beyond  T''""   ^^'^''^  ^^e   ice 

^og  shanty  ther?  !    ^  °'  ^  misnomer  for  tht  '^"*    ^^'"P- 

everywhere  else  alonTt.^^^'^  *^  «'-«  a  4d  of'  U  ^  *^^»  « 

.    From  here  the  asfen''  ""^^'  ^'^^^^  of  sn'w    '^'''^'  ^"^  ^^ 
'"  timber  before  .        "^  '^  gradual  and  thl 

^'"•^  -  at'tt^roTt^-mt'  ^"'""^••^^^  Ictrisl^  '^^*  ^-P 
jotten  any  higher  up  Th  '"'  ""^  "°  wood  for  %  /'"  ^^'"P" 
'"  °f  the  outfit  ha^  K  '  ''^"^P  's  not  uL.n  u  ^'**^  ^^"  ^e 
v^eather   is   favorable  "   ^^^^^^^   ««   the   su"lv  '"■°'''^"   ""*«' 

^^-P  is  pushed  a  mLrr''"^   -^eept   ^h"^   r'*      "^^^^   ^^e 
J^^l^^.  and  then  to  l.t        '  ^''^  '°  Stonehoule   «  ""T"'"'''   ^- 
^^^  exercised  in  case  o/soft""^^^^^  -cond  b  nch     c"'  °'  ^'^ 
''e  swept    from    the   K       u      "^'^^ther,  or  evervtM        •  ^'"'^  »""«' 
.'"'-"Id  this  hrpnin    .u'"^.^  ^>'  a  snow-slide  Tr"*'/^  ^'^^^^  to 

'"  '•ecoverinf  par"'  V"^^'="^  ^»"  P  ove  of  r^''""^*'  «"<» 
^'PPed  with  steerth  /^^  """»«  w'th  In  ^^^'  ^^^^tance 
of  the  larger  nil   ^^  ^*^^^  down  in  th  J  "^'    ''^"der    rods 

°"e  wou  d  „e'v er  r.^'  "'^'^h'  -^houtthem  T /" ?  ^°^^^«  «os 
^'^^ve  you  abou/       "*•      ^*   ^^^eep   Caim,    trf       *^"''"  '"^^  ^^ds 

'  "^^de  until  a  clear  da^  and        *'• 

•J^'  and  some- 


lli' 


I  ' 


6o4 


OFFICIAL  STATISTICS. 


il! 


times  the  weather  continues  bad   for  two   or   three   weeks,  the 
mountain  top  hidden  in  thick  clouds,  and  icy  wind  hurling  the 
new  fallen  snow  in  every  direction,  or  driving  the  sleet  in  the 
face  of  any  one  bold  enough  to  stir  out  of  camp,  and  peep  up 
at  that  almost  precipitous  wall  of  snow  and  ice.    But  sunshine 
comes  at  last,  and  the  winds  grow  still.    Now  comes  the  tug 
of  war — to  get  the  outfit  to  the  summit,  for  600  feet  every  step 
must  be  cut  in  the  ice,  and  so  steep  is  it  that  a  person  with  a 
pack  on  his  back  must  constantly  bend  forward  to  maintain  his 
equilibrium.    The  first  load  landed  on  the  summit  of  the  pass, 
a  shovel  is  stuck  in  the  snow  to  mark  the  spot,  then  back  for 
another  pack,  and  fortunate  is  he  v;ho  gets  his  whole  outfit  up 
in  a  single  day.    Indians  may  be  hired  to  do  the  packing,  and 
their  rates  vary   slightly,   but  the  regular  price   has  been   five 
dollars  a  hundredweight  from  the  second  bench  to  the  summit 
or  fifteen  cents  a  pound  from  Healy  &  Wilson's  to  the  lakes. 
These   prices   have   been   shaded  a  little  the  past   season,   and 
some  outfits  were  packed  over  to  the  lakes  at  thirteen  cents  a 
pound.    The  reasons  for  this  cut  in  prices  are  that  many  miners 
insist  on  doing  their  own  packing  and  that  their  work  has  been 
seriously  affected  by  a  tramway  device  which  was  operated  last 
season   with  more  or  less   success  by  one   Peterson,   whose  in- 
ventive  genius   led   him  to   believe   that   a   simple   arrangement 
of  ropes  and   pulleys  would   greatly  help   in  getting   outfits  up 
the  steeper  places.    A  small  log  is  buried  in  the  snow,  and  to 
this   "dead    man"   a   pulley   is   attached   through    which   a   long 
rope   is   passed,   to  the   lower    end   of    which   a  loaded    Yukon 
sleigh  is  attached  and  the  empty  box  on  the  sled  fastened  to 
the  upper  end  of  the  rope  is  chen  filled  with   snow   until  its 
weight    becomes    sufficient    to  take   it  down    the   incline,  thus 
dragging  the  other  one  up.    The  snow  was  found  too  light,  but 
with  three  or  four  men  as  ballast  in  place  of  snow  it  worked 
well   and   saved   a  good   deal   of   har-d   packing.    When   the   last 
load  has  reached  the  summit,  and  the  miner  stands  beside  his 
outfit  looking  down  toward  the  ocean  only  twenty  miles  away, 
he  can  feel  that  his  journey  has  fairly  begun,  and  as  he  turns 
he  sees  the  descending  slope  melting  away  into  the  great  val- 
ley of  the  Yukon. 

The  descent  for  the  first  half  mile  is  steep,  then  a  gradual 
slope  to  Lake  Linderman  some  ten  miles  away.  But  there  is 
but  little  time  for  resting  and  none  for  dreaming,  as  the  edge 


ROUTES  TO  THE  YUKON. 


605 


m- 


radual 
fcre  is 

edge 


of  the  timber  where  the  camp  must  be  made  is  seven  miles 
from  the  summit.  Taking  the  camping  outfit  and  sufficient 
provisions  for  four  or  five  days,  the  sleigh  is  loaded,  the  rest 
of  the  outfit  is  packed  up,  or  buried  in  the  snow,  shovels  being 
stuck  up  to  mark  the  spot.  This  precaution  is  necessary,  for 
storms  come  suddenly  and  rage  with  fury  along  these  moun- 
tain crests.  The  first  half  mile  or  more  is  made  in  quick  time, 
then  over  six  or  seven  feet  of  snow  the  prospector  drags  his 
sleiffh  to  where  there  is  wood  for  his  camp  fire.  At  times  this 
is  no  easy  task,  especially  if  the  weather  be  stormy,  for  the 
winds  blow  the  new  fallen  snow  about  so  as  to  completely  cover 
the  track  made  by  the  man  but  little  ahead;  at  other  times  dur- 
ing fine  weather  and  with  a  hard  crust  on  the  snow,  it  is  only 
a  pleusant  run  from  the  pass  down  to  the  first  camp  in  the 
Yukon  basin.  In  all  except  the  most  sheltered  situations  the 
tent  is  necessary  for  comfort,  and  the  stove  gives  better  satis- 
faction than  the  camp-fire,  as  it  burns  but  little  wood,  is  easier 
to  cook  over,  and  does  not  poison  the  eyes  with  smoke.  It  is 
a  noticeable  fact  that  there  are  fewer  cases  of  snow  blindness 
among  those  who  use  stoves  than  among  those  who  crowd 
around  a  smoking  camp-fire  for  cooking  or  for  warmth.  Com- 
fort in  making  a  trip  of  this  kind  will  depend,  in  a  great  meas- 
ure, upon  the  conveniences  of  camping,  suitable  clothing,  and 
light,  warm  bedding.  Yes,  upon  provisions,  too,  though 
ofttimes  more  depends  upon  the  cook  than  what  is  in 
the  larder.  The  necessary  articles  of  food  are  flour,  bacon, 
beans,  sugar  and  tea;  ham,  canned  meats,  rice,  milk,  butter, 
dried  fruits  and  coHfee  are  usually  taken  also,  although  some 
old-timers  look  upon  them  as  luxuries  only. 

After  the  rest  of  the  outfit  has  been  brought  from  the  sum- 
mit the  next  move  is  to  Lake  Linderma.i,  about  three  miles  dis- 
tant. The  route  now  lies  sevei^  miles  across  the  lake  to  its 
outlet,  down  the  outlet  three  or  four  miles  in  a  northeasterly 
direction  to  I^ke  Bennett,  down  to  the  foot  of  this  lake, 
twenty-five  miles,  then  down  the  river  four  oi  five  miles  and 
Takou  Lake  is  reached.  This  lake  is  some  twenty  miles  long 
and  empties  into  Mud  Lake  through  an  outlet  three  miles  long; 
Mud  Lake  is  sbout  ten  miles  in  length,  and  at  the  foot  of  it 
open  water  is  usually  found  in  April.  Open  water  will  probably 
be  passed  before  reaching  this  point  in  the  rivers  connecting 
the    lakes,  but    firm    ice  at    the    sides    affords    good    sledding. 


!     ( 


6o6 


OFFICIAL  STATISTICS. 


but  at  the  foot  of  Mud  Lake  a  raft  or  boat  must  be  built.  Dry 
timber  can  be  found  along  the  shores  with  which  to  build  a 
raft,  which  will  take  everjrthing  to  the  Lewis  River  Canyon, 
about  forty  miles  to  the  northwest.  The  course  down  the  lakes 
has  been  much  in  the  form  of  a  horseshoe  and  now  bears  to 
the  west  instead  of  the  east. 

Before  reaching  the  canyon  a  high  cut  bank  of  sand  on  the 
right  hand  side  will  give  warning  that  it  is  close  at  hand.  Good 
river  men  have  run  the  canyon  safely  even  with  laoded  rafts, 
but  it  is  much  surer  to  make  a  landing  on  the  right  side  and 
portage  the  outfit  around  the  canyon  three-quarters  of  a  mile 
and  run  the  raft  through  empty.  The  sameness  of  the  scenery 
on  approaching  the  canyon  is  so  marked  that  many  parties 
have  gotten  into  the  canyon  before  they  were  aware  of  it.  Be- 
low the  canyon  are  the  White  Horse  rapids — a  bad  pier'*  of 
water;  but  the  raft  can  be  lined  down  the  right  hand  s  *':•  '. 

near  the  White  Horse,  thre^  miles  below.  This  is  a  vox  can 
yon  about  a  hundred  yards  long,  and  iifty  in  width,  a  cbu^ie 
through  which  the  water  of  the  river,  which  is  nearly  600  feet 
wide  just  above,  rushes  with  maddening  force.  But  few  have 
ever  attempted  to  run  it  and  four  of  them  have  been  drowned. 
Of  two  men  who  made  the  attempt  in  May,  '88,  nothing  was 
found  save  a  bundle  of  blankets.  Below  the  White  Horse 
another  raft  is  built  and  the  journey  continued  seventy-five 
miles  to  Lake  LeBarge.  This  usually  requires  three  days. 
After  entering  the  lake,  solid  ice  is  found  perhaps  a  mile  from 
the  inlet.  Camp  is  made  on  the  shore,  and  as  the  ice  gets 
soft  most  of  the  sledding  is  done  in  the  early  morning,  it  being 
sufficiently  light  in  May  to  start  soon  after  midnight.  This 
iake  is  about  forty-five  miles  long  and  there  is  an  island  about 
midway.  Little  snow  will  be  found  here  late  in  April,  but  it 
will  be  all  glare  ice.  After  camping  on  the  island  a  day's 
journey  will  make  the  foot  of  the  lake  and  the  sledding  is  com- 
pleted. If  one  expects  to  stay  in  the  country  the  sled  should 
not  be  thrown  away,  however,  as  it  will  prove  useful  later  on. 
A  comfortable  camp  should  be  made  here,  and  the  building  of 
a  boat  commenced.  This  will  require  from  seven  t  i*n  days, 
and  the  method  of  preparing  lumber  is  novel  to  ho  are 

unused  to  frontier  life.  The  trees  selected  should  be  sound  and 
straight  and  twelve  inches  through  at  the  butt.  A  saw-pit  about 
six  feet  high  is  built  near  the  tree  and  the  tree  felled  and  cut 


:i> 


ROUTES  TO  THE  VUKON. 


■"'o  logs  about  ,„e„,v  fi„    ,  •  «07 

P'«    is    leveled    Ja    ,u       "*  ''"P  >■«»  mouth  !^r„    ?    ""^  '"»«. 
smaller  end    an2  °    '"«    P«'«i,    "Zt        '^^    ^""  '!>« 

■^  ">"  lined  ^V\""'  counterp;^?  on  ^  ''.r"'  °"  '"* 
•hen  it  is  li„,w  ,       *''°''*  »nd   below  anrf  """"J   'he   log 

in«  allowed  fo,  ^h   ""  ''°"<"'  =»  "ih"  ofT'^u"  "»"''«'' 

hoa.  is  bui?t.t,ked°  Z""-  u^""  '"'«  "Id,  If  *'-f  "'■ 
journey  resum^i     A    "^  P-'ched,  oars  and  „!?  '*"""*•  "■« 

right  befo^re  rtSt;°t  ''t''  ^^'-on  R^:,/'""'    "«  Hoo'-J- 
«and  like  J^,'.""  ^"'  Fingers     B^'?°  ""'"<'  °n  the 

r  s  int:  .hrco„Tj;"the°'  «<'""»<""«;  t^'Zh"-"" 

'»«  gonf  .hro*r  !u'  "»'"  hand  .!de  i„  J/"'"'/  «"«  -.ile* 
^«'  comet  rp^,-'-.«'e  'ast  da„gru7V«r-nd  hav- 
and  Lewis  form  ,u     1/   ^'^^'■'    and    the    i»n^f  ,  "   Passed. 

■"g    Post'is  ^ehed^-Th"  ""■"'•    ^'  'hrpti™  tt  f,  ""'"' 
hundred  and  tZ,      -I        *"»  "  known  as    bIJ  ^"'  '«<!- 

^  ^-''"'nninVS'eTot^efsr  ""''  ■^-"«»      ""^  ""  "  «^' 
i      iien  VVhifA  t>-        •'""-ney  btewart  Rivt^  ;« 

•     ■  -Wng  w:te^    Thr  ""  '*•  =0  ^"cTo"  i'cl"' °"  *'  "«ht; 
"•  '    CrMk        '  '  "•*'  tributary  on  th^  .       "'  °'  *"  """<y 

""  'ide  is  Fo^  ^;.  ■;"«■   ,  A  hundred  mile  '  J,T'    ''"^ 
»"«.    Here  the  V,  u       •  ^"'''-   '"^^y  miles   h,S  2."   ""   'he 

°PPer  bank  S  plrtt^M  f  T'  '""  >»'"  n  "^  °"  f""  Reli. 
"'the  interior  r^' ■^'''  ^"'k  is  the  orinJ  i  "''  ""  'h* 
-  «ven  huTdred  '"d'^!"'  ""'""'^  Point  for  Xr"!"'  P"" 
.   This  iourneyls^tiff  "■'«  '"m  Jun.a„.  "  ""  ■"■""  -» 

'■^^^^  in   eight   or  t/n     i         "    ^*   »"»<*«  in   summr      r       *'^  *» 

'  one  goes   back  i„to 


6o8 


OFFICIAL  STATISTICS. 


the  hills  for  it.  Fish  aie  plentiful  and  a  gill  net  should  form 
a  part  of  every  outfit.  The  whitefish  taken  from  the  ice-cold 
waters  of  the  lakes  are  the  finest  in  the  world.  In  the  spring 
gull  eggs  are  abundant  on  the  small  islands  at  the  foot  of  Lake 
LeBarge. 


DISTANCES  FROM  JUNEAU,  ALASKA. 

Miles. 

To  Haines  (Chilkat) 80 

To  Hea^  of  canoe  navigation 106 

To  Sumi  .'       '  Chilkoot  Pass 115 

To  Lake  i.        rman  Landing 124 

To  Head  of  i^ke  Bennett 129 

To  Boundary  line  bet.  B.  C.  and  N.  W.  T 139 

To  Foot  of  Lake  Bennett 155 

To  Foot  of  Caribou  Crossing 158 

To  Foot  of  Takou  Lake 175 

To  Takish  House 179 

To  Head  cf  Mud  Lake 180 

To  Foot  of  Lake  Marsh 200 

To  Head  of  Canon 225 

To  Head  of  White  Horse  Rapids 228 

To  Takheena  River 240 

To  Head  of  Lake  LeBarge 256 

T*o  Foot  of  Lake  LeBarge 284 

To  Hootalinqua  River 316 

To  Big  Salmon  River 349 

To  Little  Salmon  River 385.50 

To  Five  Fingers  Rapids 444 

To  Rink  Rapids 450 

To  Pelly  River S03.50 

To  White  River 599-50 

To  Stuart  River 609 

To  Sixty-Mile  Post 629 

To  Dawson  City 678 

To  Forty-Mile  Post 728 

To  Circle  City 898 

Forty  Mile  to  Diggings  at  Miller  Creek 70 

Circle  City  to  Diggings  at  Birch  Creek 50 

Klondyke  to  Diggings 5 


orm 
cold 
ring 
Lake 


ROUTES  TO  THE  YUKON.  609 

To  Sitka... 160 

To  Wrangel 148 

To  Seattle 899 

To  San  Francisco 1,596 


diles. 

.  80 
.  106 
.  115 
.  124 


129 
139 

155 

158 

175 

179 

180 

200 

225 

228 
.  240 
.  256 
.  284 

.  ii(> 

.  349 

385-50 

444 

..  45° 
503-50 
59950 
609 
629 

678 
728 

898 
70 

50 


A   ROUTE   FROM   VICTORIA  TO   THE   YUKON    ON    A 

LINE  OF  FORTS. 

A  Canadian  route  that  seems  to  afford  safety  for  the  Klon« 
dyke  travelers  in  having  an  established  and  well-organized  line 
of  communication,  is  from  Victoria  and  Interior  British  Co- 
lumbia  points,  up  the  Athabasca  and  Mackenzie  rivers  to  the 
Peel  river.  It  is  what  Canadians  call  their  short  way,  by  com- 
parison  with  the  St.  Michael  route,  but  it  is  longer  than  the 
route  through  Juneau. 

A  line  of  forts  stretches  all  the  way,  and  it  is  said  that  when 
the  rivers  are  open  the  trip  is  not  a  difficult  one. 

The  Canadian  Pacific  Railroad  carries  the  miner  from  Vic- 
toria to  Edmonton.  Then  there  is  a  forty  mile  stage  line  to 
Athabasca  Landing.  From  the  latter  point,  the  journey  must 
be  made  in  canoes  during  the  summer,  and  by  dog  trains  in 
winter.    The  distances  are  as  follows: 

Miles. 

Edmonton    to    Athabasca    40 

Athabasca    to    Fort    McMurray 240 

Fort  McMurray  to  Fort  Chipewyan 185 

Fort   Chipewyan  to    Smith    Landing 102 

Smith    Landing  to   Fort   Smith 16 

Fort   Smith   to    Fort   Resolution 194 

Fort    Resolution   to    Fort    Providence 168 

Fort    Providence    to    Fort    Simpson 161 

Fort   Simpson   to    Fort   Wrigley 136 

Fort   Wrigley    to    Fort   Norman 184 

Fort  Norman  to  Fort  Good   Hope 174 

Fort  Good   Hope   to   Fort   Macpherson 282 

Edmonton   to    Fort    Macpherson 1,882 

From  Fort  Macpherson,  the  trip  to  the  Klondyke  is  by  way 
of  Peel  river.    The  total  distance  from  Victoria  is  about  2,300 

miles. 

39 


6io 


OFFICIAL  STATISTICS. 


This  is  the  old  Hudson  Bay  trunk  line  to  the  North,  that 
has  been  in  use  by  the  Canadians  for  nearly  a  century. 


OTHER  ROUTES. 

THE  STICKEEN  ROUTE— Goods  and  passengers  intended 
for  this  route,  when  opened,  would  have  to  be  transhipped  from 
ocean  going  steamers  to  river  steamers  at  Lort  Wrangel  or 
some  other  point  near  the  mouth  of  the  Stickeen.  Of  the  river 
itself  Dr.  Dawson  says:  "It  is  navigable  for  stem-wheel  steam- 
ers of  light  draft  and  good  power  to  Glenora,  136  miles  from 
Rothsay  point  at  its  mouth,  and  under  favorable  circumstances 
to  Telegraph  Creek,  twelve  miles  further.  The  current  is  swift, 
but  there  are  no  rapids  properly  so  called.  Stern-wheel  steam- 
ers for  the  navigation  of  the  Stickeen  should  have  good  engine 
power,  and  should  not  draw  more  than  four  feet  of  water  when 
loaded.  The  river  usually  opens  for  navigation  between  April 
20th  and  May  1st.  The  river  generally  freezes  over  before  the 
end  of  November,  although  ice  runs  somewhat  earlier.  On  the 
low  lands  there  is  good  grazing  for  horses  and  cattle  from  April 
20th  to  about  December  ist." 

The  distance  from  the  Stickeen  at  Telegraph  Creek  to  Teslin 
Lake  the  scarce  of  the  Hootalinqua  River  is  about  150  miles. 
The  trail  now  in  use  is  considerably  longer  than  this,  but  ex- 
ploratory surveys  are  in  progress,  and  it  is  confidently  believed 
that  a  nearly  direct  route  will  be  found,  over  comparatively 
level  country.  A  company  has  been  incorporated  to  build  a 
railway  over  this  portion  of  the  route.  Traffic  going  by  way  of 
Teslin  Lake  would  reach  the  main  Yukon  by  way  of  Hoota- 
linqua River,  above  referred  to. 

THE  TAKU  ROUTE  has  not  been  opened,  or  even  sur- 
veyed. A  company  has  been  incorporated  to  build  a  railway 
by  it  to  Teslin  Lake.  Taku  Inlet  is  an  extensive  harbor,  some- 
what open  to  southwest  winds,  but  would  serve  very  well  for 
the  terminus  of  a  route  into  the  interior. 


^  MINING  DISCOVERIES  IN  ALASKA. 
Tie  v;;",*:,,^^^^^*'^^  Record.  January.  ,8^. 

prospected  for  q».r.^..  ^:r  emirl  r^l  ""'l"  *»'  "■»''"  •«« 
Si"."''.  "■"«  ">.„   three  S  1°"'  ""  »<>«h.a«ern  co^° 
Back  of  this  very  narrow  L^tu    ""  "'"V^t  tide  wate? 
terra   incognita  J  far  rrit^l^  J  *  ,™"  «»!«■■  "  a  veriubTe 
C|™ed     The  „.,„  abUc.  of  ^1'"""'  """  ""^es  J^tn- 
d  fficulty  to  be  found  bnildLg  thfl^'ur"  'T'''  ""-^  «■«  g,e.t 
ot  tte  quartz  prospector  and  h««  o^l  •""•"■'«<'  "«  "Pe""*. 
"Pmg   purchaser,   to  that  very  W.i    ".""«««"•  *«  devel- 
easy  access  to  tide  water.        '^  '"""'^  ""'  »Wch  lie,  within 

Ihis   strip,    however    ha«    »l.     j 
'ianguine    expectations     has     H      ,^  '"""'j'  '"'fi'led  the   mo», 
scarcely   touched.       This   «,    ''•''"°Ped   fortunes,    and     v., 
.^and     Which  line  .h^L^ '.  J'^^^J  ,^^'-  .he"  t;:^,an'       :i 

promising  prospects  in  Alaska.  "**"^  °' 

™'^  NEARLY  OUTPUT  OF  GOLD 

ine    OUtDUt    nf   tU^  "^v/x^l^. 

ma  ,ng   correctness  except   bv   Z    77    *'  =  "ateraent  aporox- 
<en..on   ,o   every   detail.    The    folw'   """"   """   "atchful  "t 

--on  Of  ^oidirrLr^s,'.  ---'-nhn^:- 

Berr-sfy  ^   ^T??-   -   "-Ps.. 

Alaska  Treadwe^'Z/u.  «"«"8  Company    .o' V,,-!    •*'«>° 

A-aska  Mexican   Go^S;?.^"""--.  ^  ^^T  '^Z 
^'aska    Commercial    p  ^'"'"8^   Company,    120   stamnc  '^ 

^^Id   Eagle   Z7n^l   ^^"»P^n3%    4o   stamps.  ^'-  '»5o.ooo 

Ebner    Gold    fe  ^^^^P^"^'    4    stamps. ^00,000 

^'nmg   Company,    ^o   stamps.. ^'°^ 

.15.000 

.(611) 


If  H 


6m  ALASKA. 

Juneau   Gold   Mining   Company,   30  stamps 35>ooo 

Julian   Gold   Mining  Company^    10  stamps ao.ooo 

Alaska  Willoughby  Gold  Mining  Company,   10  stamps  15,000 

Green  mine,  Norton  Sound,   10  stamps i5>ooo 

Total  output  of  quartz   mines $2,355,000 

Lituya   Bay  placer  mines $     15,000 

Cook    Inlet   placer   mines i75>ooo 

Birch   Creek   district,    Yukon   mines 1,300,000 

Other    Yukon    districts    800,000 

From  several  small  creeks  in  various  parts  of  the  terri- 
tory,   worked   by   arrastres 25,000 

Total  output    $4,670,000 


DOUGLAS  ISLAND. 

Foremost  in  every  respect  among  the  developed  properties 
of  Alaska  is  that  of  the  Alaska  Treadwell  Gold  Mining  Com- 
pany, located  on  Douglas  Island,  two  and  one-half  miles  from 
Juneau,  on  the  other  side  of  Gastineau  Channel.  So  much  has 
been  written  of  this  famous  mine  that  only  the  briefest  descrip- 
tion will  be  necessary  here.  In  January,  1882,  prospectors 
crossed  the  channel  from  Juneau,  found  "pay  dirt"  on  the 
beach,  and  in  March  following  commenced  washing  for  gold  on 
the  ground  now  known  as  the  Ready  Bullion.  The  first  three 
days*  cleaning  yielded  twenty-seven  ounces  of  gold,  which 
created  great  excitement.  In  further  washing  the  bed-rock 
upon  this  discovery  the  great  Treadwell  ledge  was  exposed. 
It  was  located  as  a  quartz  claim  and  called  the  Paris.  Nothing 
toward  development  was  done  until  the  property  was  acquired, 
in  1882,  by  John  Treadwell,  for  the  sum  of  $400.  A  five-stamp 
mill  was  erected  and  prospecting  developed  a  ledge  400  feet 
from  wall  to  wall.  In  1883  a  mill  of  120  stamps  was  erected  and 
in  1888  its  capacity  was  doubled,  making  it  a  240  stamp  mill, 
the  largest  in  the  world  under  one  roof  up  to  the  present  day. 
The  stamps  weigh  850  pounds  each,  with  a  seven-inch  drop. 
ninety-six  strokes  per  minute,  the  capacity  of  the  mill  being 
about  750  tons  daily.  In  i8go  the  chlorination  works  were 
erected   and   improvements   and   additions   hav     been  added  at 


iJlNI.NG  DISCOVERJES. 


"nous  times  since    fh.  „i     .  "^  *'* 

""i    n,„„  oomple"'  exL"^^   "L'S""'""'  '<>■<'«>'  by  far  ,he  h.  . 

The  last  annual  report  of  m^.  t    *  ""  "•«  yw- 
'he  year  ending  May  ,,    ,^ '"'  ^"•^««"  »hows  that  during 
and  milled  at  a  cost    in^l.  ^^       ^'*^  '<"■>  °«  ore  were  m^j  ? 

^e  :'Zser\thrin?ie!H'''^^-^  - 

The  Mexican  mill  is  a  «,« i  i 

mer  nothing  short  of  o^f^L       *^*  P'*"*  ^""ng  the  oast  !. 
spared  to  attain  Vh«/  P,*^'!*^*'^"  ^as  aimed  at  and  n^        """ 

T-dwe.i  hei^g  ::en'^rr,::.r  d ""'°-  «'^«"  ''^r^  '; 
:r  .t="'th?'-/:t"  f<  Jn'r-rr- :s 

Christmas  and  the  Fourth  ^f  r  ,       "'^  '°'"  "«  'hut  down   o^ 

^he    superintendency    of    hJu      J 
operations  is  in  the  hl\       .^*^    *^^    Treadwell    anH    a^     • 

dtt//  e^«  ^  "-  -  -  "se'^Xr-V'-  -"- 

t-iJa/ZtUTm^^rw^Hdr   ~-    -cH 

opment.  vocations  are  he  d  awaitino-  a^   . 

On  pj.      J  awaiting  devel- 

Edwards  creek  recent  discoveries  have  been       . 

*  been  made  which 


6i4 


ALASKA. 


arc  of  great  promise  and  which  have  attracted  the  attention  of 
prominent  mining  men. 

SILVER  BOW  BASIN. 

Four  miles  from  Juneau  at  the  head  of  Gold  Creek  lies  Silver 
Bow  Basin,  where  Juneau  and  Harris  made  their  first  discovery 
of  auriferous  quartz.  Here  the  development  of  properties  has 
been  steadily  carried  forward  until  many  of  the  claims  are 
highly  productive  and  their  permanence  assured.  The  first  mill 
erected  was  that  of  the  Johnson  Mill  and  Mining  Company,  for 
working  the  ores  of  the  Takou  consolidated  group. 

Takou  Group  of  Mines. — This  group  is  situated  two  miles 
from  Juneau  at  the  entrance  of  Silver  Bow  Basin,  consisting  of 
eight  patented  claims  and  a  fine  w&ter  power,  equipped  with  a 
ten-stamp  mill,  boarding  house  and  all  necessary  buildings, 
both  at  the  mill  and  mine.  The  workings  are  all  under- 
ground, and  all  tracks,  storage,  ore  bins  and  exposed 
places  are  snow  shedded.  The  ledge  matter  lies  between 
slate  and  green  stone  walls  and  averages  from  twenty  to  sixty 
feet  in  width.  The  ore  is  an  iron  pyrites  carrying  some  zinc 
blend  and  a  small  portion  of  galena,  and  what  is  called 
"strictly  free  milling,"  no  concentrators  being  used.  Owing 
to  .its  low  altitude,  close  proximity  to  steamboat  landing  and 
never-failing  water  power,  this  property  can  be  operated  all  the 
year  round,  and  is  the  first  mill  and  mine  that  has  ever 
run  during  the  winter  in  Silver  Bow  basin.  The  company  in- 
tends to  add  ten  more  stamps  in  the  early  spring. 

Dora  Group  of  Mines. — This  property  was  located  in  the 
early  eighties  and  finally  fell  into  the  hands  of  Dr.  H.  S. 
Wyman,  who  built  an  arrastre  and  milled  quite  a  quantity  of 
ore  from  the  Dora  claim  with  very  good  results.  In  1894  120 
tons  of  the  ore  were  milled  which  netted  very  good  returns. 
The  property  is  so  situated  that  it  can  be  operated  all  the  year 
round,  and  the  ore  is  of  a  free  milling  nature,  and  the  owners 
expect  to  thoroughly  develop  the  mine  and  in  the  near  future 
build  a  mill. 

Here  in  the  basin  is  located  the  twenty-stamp  mill  of  the 
Nowell  Gold  Mining  Company  which  is  kept  at  work  on  ores 
from  the  Ground  Hog  and  other  claims,  owned  or, leased,  and 
located  in  the  upper  basin,  the  rock  being  trammed  one  and 


MINING  DISCOVERIES. 


6iS 


one-half  miles  by  surface  and  aerial  tramways.  Close  to  the 
mill  are  the  aprons  and  saving  plates  at  the  end  of  the  flume 
and  tunnel  from  the  placers  operated  by  this  company.  These 
placers  lie  in  the  basin  proper  and  have  been  worked  a  number 
of  years  with  gratifying  results  and  a  large  amount  of  excellent 
ground  yet  remains  untouched.  The  tunnel  is  lined  with 
block  riffles  and  the  placer  debris  is  carried  through  it  by  the 
hydraulic  wash.  A  surface  tram  from  the  lower  station  of  the 
wire  tram  from  the  Ground  Hog  is  also  laid  through  this  tun* 
nel  and  over  this  is  trammed  all  the  ore  from  the  several  claims 
to  the  mill.  The  plant  includes  a  dynamo  which  lights  the 
workings,  and  a  telephone  connects  the  whole  with  the  main 
office  in  Juneau. 

In  the  basin  proper  are  located  many  valuable  producing 
claims,  the  principal  of  which  constitute  the  Campbell  group, 
on  which  a  thirty-stamp  mill  is  kept  running  during  the  sea- 
son, and  the  Aurora  claim,  which  last  season  was  leased  and 
operated  by  the  Nowell  company. 

The  lode  is  located  continuously,  from  two  to  three  claims 
in  width,  for  a  distance  of  over  six  miles  through  Silver  Bow 
basin  and  over  the  range  into  Sheep  Creek  basin  to  the  Silver 
Queen  with  almost  continuous  surface  croppings  the  entire  dis- 
tance. Following  still  further  east  along  the  belt  where  the 
lode  leaves  the  valley  and  climbs  the  mountain  side,  the  veins 
again  crop  to  the  surface,  and  locations  are  strung  out  from 
this  point  over  another  high  range  and  through  valleys  and 
over  ridges  to  Takou  inlet,  a  distance  of  fully  eight  miles.  On 
this  end  are  the  Star  of  Bethlehem,  Last  Chance,  Sheridan, 
Little  Queen  and  other  locations  which  show  some  very  rich 
gray  copper  ores. 


SHEEP  CREEK  BASIN. 

Here  the  character  of  the  ores  differs  greatly  from  those  of 
Silver  Bow  basin  in  that  silver  predominates  though  the  gold 
values  also  increase.  The  principal  claims  here  are  the  Gla> 
cier  and  Silver  Queen,  both  of  which  are  extensively  developed 
and  produce  ore  of  a  very  fine  grade.  The  Nowell  company 
is  the  operating  owner  of  both  mines,  and  the  superintendency 
lies  with  Mr.  F.  C.  Hammond,  whose  efficient  and  energetic 
management  has  brought  the  workings  at  both  mine  and  mill 
to  a  condition  approaching  perfection. 


6i6 


ALASKA. 


Aerial  trams  extend  fi'om  both  the  Glacier  and  Silver  Queen 
to  large  ore  bins  at  the  foot  of  the  mountain  from  whence  the 
ore  is  conveyed  to  the  fifteen-stamp  mill,  a  mile  distant,  over  a 
•team  railway.  The  mill  is  run  on  second  class  rock  only,  a 
very  large  percentage  of  the  ore  taken  from  either  claim  being 
•hipped  direct  to  the  smelters  on  Puget  Sound,  and  the  milling 
done  is  little  more  than  simple  concentration,  as  there  is  but  lit- 
tle free  gold  in  the  ores.  An  extensive  canvas  plant,  the  only 
one  in  operation  in  Alasaka,  profitably  supplements  the  work  of 
the  vanners.  On  the  beach,  two  miles  below  the  mill,  the  com- 
pany owns  a  large  wharf  and  warehouse  where  all  supplies  are 
landed. 

Sheep  Creek  basin  has  many  other  vety  promising  claims, 
from  several  of  which  ore  shipments  have  been  made  for  a  num- 
ber of  years;  there  is  little  doubt  of  its  development  into  one 
of  the  leading  quartz  camps  of  Alaska. 


SHUCK   BAY. 

This  locality  has  produced  large  amounts  in  place"  Ad  in 
past  years  though  now  its  lodes  are  attracting  consid  ^  at- 

tention. Of  these  the  Redwing  group  is  most  advanced  in  de- 
velopment, located  in  Schuck  basin. 

The  ore  is  of  a  free  milling  nature,  carrying  iron,  zinc  blend 
galena,  a  trace  of  copper  in  combination  with  the  gold,  and  a 
small  percentage  of  silver.  This  property  is  situated  half  a 
mile  from  salt  water  at  a  very  low  altitude  and  possesses  in 
connection  fine  water  power. 

Assays  and  shipments  made  from  the  ore  from  time  to  time 
go  to  show  that  it  is  a  very  promising  property. 


SITKA  DISTRICT. 
While  the  first  auriferous  quartz  discovered  in  Alaska  was 
found  near  Sitka,  mining  operations  have  never  been  vigor- 
ously prosecuted  there.  During  the  past  season  some  interest 
has  been  manifested  and  a  number  of  groups  have  been  bonded 
to  parties  who  propose  operations  next  spring.  A  five-stamp 
mill  represents  the  total  of  the  actual  mining  plant  in  the  dis- 
trict though  some  of  the  claims  promise  well. 


THE  SUM  DUM  DISTRICT. 
The  richness  of  the  surface  prospects   in  this   district,   fifty 


MINING  DISCOVERIES. 


617 


leeti 

the 

er  a 

y.  a 
leing 
lUng 
It  Ut- 
only 
rk  of 
cow- 
«  are 

laims, 

num- 

o  one 


»ld  in 
".  at- 

in  de- 
blend 
and  a 

[half  a 

sses  in 

|o  time 


:a  was 
vigor- 
Interest 
)onded 
-stamp 
le  dis- 


miles  south  of  Juneau,  has  inspired  the  gold  seeker  with  great 
hopes  for  the  future  of  the  many  claims  located  in  the  locality 
and  the  promise  has  been  fulfilled  in  every  insti^nce  where  de- 
velopment has  been  made.  Most  conspicuously  is  this  true 
in  the  case  of  the  Bald  Eagle  mine,  which,  a  mere  prospect 
three  years  since,  has  become  one  of  the  richest  and  best  pay- 
ing  properties  on  the  Pacific  Coast.  The  ores  carry  no  free 
gold,  the  values  lying  entirely  in  the  sulphurets,  these  being 
principally  pyrites  though  both  zinc  and  lead  sulphurets  are 
present  in  considerable  quantities,  the  octagonal  sulphuret  pre- 
dominating, this  being  the  richest  of  all  classes  wherever  found. 
A  crusher  at  the  mouth  of  the  adit  discharges  its  product  into 
a  flume  which  conveys  it  to  the  mill  nearly  a  mile  distant  at  a 
nominal  cost  for  handling  and  its  richness  may  be  estimated 
hy  the  fact  that  the  four  stamps  in  four  days  less  than  six 
months  produced  concentrates  valued  at  a  round  $100,000,  or 
nearly  $17,000  per  month;  the  clean-up  for  a  similar  period  in 
1895,  the  first  year  of  operations,  was  $87,000;  the  average  value 
of  all  ore  mined  is  $30  per  ton.  To  attain  depth  on  the  mine 
and  to  get  out  of  the  canyon  in  which  the  vein  is  located,  a 
tunnel  1,650  feet  in  length  is  now  being  run,  over  1,000  feet  now 
being  completed,  which  will  tap  the  ledge  347  feet  below  the 
present  workings. 

Many  other  valuable  properties  lie  in  this  section,  some  of 
them  being  developed  extensively.  Aniong  these  the  Sum 
Dum  Chief  takes  high  rank  and  negotiations  are  in  progress 
for  its  purchase  by  capitalists  who  will  erect  a  plant  next 
spring. 


fifty 


NORTON  SOUND. 
On  the  shore  of  Norton  Sound,  latitude  65  deg.  N.,  high 
above  the  mouth  of  the  Yukon  River,  another  10  stamp  mill  is 
at  work,  which  is  the  most  northern  milling  operations  in  the 
world.  It  is  called  the  Umalak  mine  and  is  owned  and  oper- 
ated by  J.  G.  Green.  Mr.  Green  secured  possession  of  this 
mine  in  1881,  and  has  since  spent  $100,000  developing  it  and 
from  its  ore  he  gets  143  ounces  in  silver  to  the  ton.  It  is  one 
of  the  best  paying  properties  in  Alaska. 

UNGA   ISLAND. 
On  this  island,  lying  to  the  south  of  Alaska  peninsula,  the 


11 

n 

1 

1 

1 

6i8 


ALASKA. 


i  JMl 


I  ;: 


Alaska  Commercial  Company  operates  a  forty-stamp  mill  on 
its  Opollo  Consolidated  properties,  on  ore  which  is  notable  in 
two  respects;  it  contains  a  large  amount  of  free  gold  in  an  un- 
usually fine  state  of  division,  so  that  at  first  sight  rich  quartz 
looks  as  if  it  had  a  yellow  stain  running  through  it  like  oxide 
of  iron.  Kidneys  of  this  qitartz  with  fine  free  gold  give  the 
value  to  the  mine.  The  other  notable  feature  is  in  this,  that 
it  contains  a  considerable  amount  of  native  copper,  which  is  a 
very  rare  accompaniment  of  gold.  Only  one  case  of  the  kind 
has  been  reported  in  America,  and  that  was  in  Virginia  some 
fifty  yeas  ago.  The  Apollo  Consolidated  is  turning  out  sev- 
eral hundred  thousand  a  year. 


BERNERS   BAY    DISTRICT. 
The    great    mineral    belt    which    extends    along    the    Alaskan 
coast   just   back   from   the    water's   edge    and   which    has    never 
failed  to  pay  the  careful  prospector  wherever  he  has  prosecuted 
his   search,   has  of  course    its   spots  of    unusual    richness.    At 
Bemers  Bay,  forty  miles  north  of  Juneau,  on  Lynn  canal,  there 
was  discovered  some  years  ayo  orc^  of  splendid  promise.      Little 
was    done    with    the    several    prospects,    however,    until    the    at- 
tention of  Thomas  S.  Nowell  was  called  to  them.      Heavily  in- 
terested in  other  Alaska  mining  properties,  and  with  a  faith  in 
the  country  which  results  have  amply  justified,  Mr.  Nowell  or- 
ganized the  Berners  Bay  Mining  and  Milling  Company  ti.d  set 
about  the  development  of  the  various  claims  acquired  by  him 
in   this  rich   section.       The   splendid   plant  and   the  astonishing 
amount   of   development   upon  this   group  of   mines — claims   no 
longer — spcalrs  volumes  for  his  untiring  energy  and  unbounded 
confidence  in  their  richness.       From  tidewater  on   Lynn  canal, 
where    ample    wharfage    facilities    have    been    made,    a    narrow- 
gauge  railway   winds  up  the  canyon  to  the  mill   site,   two   and 
thi-ee-quarters    miles   overcoming   in   that   distance   an   elevation 
of  800  feet,  a   ^eat  requiring  no  mean  engineering  ability.    The 
plant  here  is  complete;   the  buildings  include  all   necessary  of- 
fices, boarding  houses  and  others  additional  to  the  actual  hous- 
ing of  the  machinery  and  a  perfectly  appointed  hospital  under 
the  supervision  of  a  resident  surgeon.      The  power  is  derived 
from  a  Pelton  wheel  driven  by  water  brought  through  two  linei 
of  pipe  discharging   against  the   buckets   simultaneoubly   at  a 
pressure  of  300  and  400  feet  respectively,  furnishing  power  suf 


mill  on 
lotable  in 
in  an  un- 
ch  quartz 
ike  oxide 

give  the 
this,  that 
hich  is  a 

the  kind 
nia  some 

out  sev- 


MINING  DISCOVERIES. 


Alaskan 
las  never 
rosecuted 
ness.  At 
lal,  there 
.  Little 
I  the  at- 
eavily  in- 
i  faith  in 
owell  or- 
r  ai-d  set 


ncient   to   drive    r  «^  615, 

--.ram3,r^,:f.„'"»^  «  the  Bear  workfn'^s  ty  1"':!^  T 
'ts  capacity  being  , en  ,*'"''  ''*"''»  »  single  span  »f  ,  ^Z'"' 
^Vo„.e™  Bene  if   ^   '^   -  W.        .,,  ^  ^ -^  te 

Bene      rocfc'avraj:r  \"  ""\°'  '"'"^-r.t!-   ^l^Z'"" 
«"'   of   ,„,ph„„,/'^     »'3     m     free      j„,d,      ^.h     J^r^^" 

But  of  the  5r"''     "'    '«'     below     .h,        '^^'  «  »  depth 

-lav  fv.         ""y-ow  claims  owned  i7,J      .  ""■*="■*     workings 
■ay  Company  th*  r^        .      "wnea  m  this  place  k,r  *t,         *'"«». 

•he    subject    of  ^-n    ""''"    "o'k'nss.     whfch      !?,"''  '  '""''" 

comprise  Tn„,  '""stration    elsewhere        Th-        "    ^"    "^de 

'edg* Trt^i"'  °'  '""""'  and    "shaft  of     ""r    """""Ks 

'«.  fr^m  Thtf  an",.*'  '"""  '-«'   't,  gh  a'~  '"!;  "«  ">. 

'be  npper  levels       ThIT  """  "^  ""  5-  fee.  to  !„     °'  ''^'^ 

!•»»«  exposed   1  *  *^"""«  workings    thM.S,  •  ^°""ect  w„h 

"ns.itm«  the  H~  "■""'  "■"  '«dg«  at  aV„r  ^P""  ">«>.• 
'nd  conWncfng  ^'""*  "'°''""»»  '"  Atask,  a?H  •  °'  '•°°°  '«"• 
;=dges.  cairafed'rZt™  °'  *'  ~««  „'f  ^.f ' 

'     •"«  »'«cy  Of  this   ,p,e„,,;  :„";^-  s««ed  forever 


620 


ALASKA. 


workings  are  thoroughly  drained  through  this  lower  adit,  and 
are  ligfited  throughout  by  electricity  supplied  from  a  dynamo 
at  the  mill.  This  and  its  surrounding  claims  form  a  magnifi- 
cent property,  .practically  inexhaustible,  amd,  moreover,  a  com- 
plete demonstration  of  the  fact  that  high  grade  ores  are  not 
wanting  in  Alaska.  The  total  cost  of  mining,  tramming  and 
milling  the  ores  from  the  several  mines  operated  here  by  this 
company  has  been  reduced  to  less  than  $3  per  ton.  The  ex- 
penditures in  equipment  and  development  thus  far  made  very 
closely  approximate  a  million  dollars,  and  an  average  of  150 
employees  are  carried  upon  the  company's  pay  roll.  The  work- 
ings are  under  the  superintendency  of  Mr.  Willis  F.  Nowell, 
whose  ability  is  amply  attested  in  the  advanced  development 
attained.  The  general  management  of  this  as  well  as  of  the 
other  varied  and  extensive  interests  of  what  are  known  as  the 
Nowell  companies  is  vested  in  Mr.  Fred  D.  Nowell,  both  gen- 
tlemen being  sons  of  Hon.  Thomas  S.  Nowell,  president  of  the 
organization  and  promoter  of  the  vast  interests  in  Alaska,  which, 
but  for  his  industry,  would  yet  lie  dormant  and  even  unknown. 
Mr.  E.  F.  Cassels  is  the  auditor  for  the  companies  and  is  him- 
self interested  to  a  considerable  extent  in  the  mines  of  Alaska. 

Early  in  April,  1896,  the  original  locators  of  four  claims  in 
this  district  transferred  their  interests  to  the  Jualin  Mining 
and  Milling  Company,  which  then  had  just  organized.  The 
company  at  once  began  operations  which  were  pushed  during 
the  season,  with  the  result  that  a  ten-stamp  mill  with  all  nec- 
essary acce  ory  equipment  was  erected  in  time  to  demonstrate, 
by  a  run  oi  c_veral  weeks,  the  wisdom  of  the  purchase.  The 
development  will  continue  through  the  winter,  and  in  the 
spring  extensive  additions  will  be  made  to  the  plant.  The 
Jualin  company  was  formed  by  Ex-United  States  Commissioner 
H.  W.  Mellen,  of  Juneau,  who  holds  a  large  interest.  Mr. 
Lewis  Taylor,  of  Evansville,  Indiana,  is  secretary  of  the  com 
pany,  and  its  workings  are  superintended  by  Mr.  C.  W.  Pearce, 
who  for  seven  years  held  a  responsible  position  with  the  Alaska 
Mexican  Company.  The  Jualin  found  its  peculiar  title  through 
a  combination  of  the  initials  of  the  words  "Juneau,  Alaska, 
Indiana,"  and  is  one  of  the  going,  paying  mines  of  Alaska. 

The  Horrible  and  Mexican  claims,  lying  near  the  group  just 
described  yet  on  quite  another  ledge,  have  only  during  the  past 
season  reached  a  stage  of  development  calculated  to  show  their 


MINING  DISCOVERIES. 


6a  I 


and 
tiamo 
gnifi- 

com- 
B  not 
I  and 
y  this 
le  ex- 
;   very 

of    150 
work- 
Jowell, 
)pfflent 
of  the 
as  the 
th  gen- 
:  of  the 
,  which, 
iknown. 
is  him- 
Alaska. 
aims  in 
Vlining 
The 
during 
all  nec- 
)nstrate, 
The 
in   the 
The 
lissioner 
Mr. 
e   com- 
Pearce, 
Alaska 
through 
Alaska, 
ska. 
tup  just 
[the  past 
iw  their 


true  value.  Even  the  locators,  Mr.  Frank  Bach  and  his  as- 
sociates, who  had  accomplished  no  small  amount  of  develop- 
ment, had  little  knowledge  of  their  full  richness  until  after  the 
expert  examination  which  brought  about  the  sale  of  the  prop- 
erties for  the  sum  of  $90,000  to  Mr.  Louis  Nicolai,  of  Portland, 
Or.,  who  will  during  this  season  erect  a  ten-stamp  mill  and 
the  necessary  accessories.  On  these  claims  the  values  lie 
principally   in  the   sulphurets. 

Many  other  claims  of  excellent  promise  have  been  located 
in  this  section,  and  in  the  aggregate  much  development  has 
been  done  upon  them,  though  few  have  pas«sd  out  of  the  hands 
of  the  original  locators.  The  district  is  already  known  far  and 
near  as  one  of  the  richest  in  the  northwest,  and  its  future  devel- 
opment is  assured  by  its  own  merits. 


ADMIRALTY    ISLAND. 

This  island,  one  of  the  Alaskan  archipelago,  south  of  Juneau, 
separated  from  the  mainland  coast  by  a  narrow  channel,  has  its 
belt  of  mineral  in  common  with  its  sister,  Douglas  Island,  lying 
north  of  it.  A  number  of  claims  have  been  located  upon  its 
ledges,  which  vary  in  character  from  low  to  high  grade,  and 
in  size  from  mere  stringers  to  immense  deposits  approaching 
or  even  exceeding  that  of  the  Treadwell.  An  example  of  this 
is  seen  in  the  Ocean  View  group,  ''till  held  by  the  locator, 
where  a  tremendous  body  of  minera'  '?s  exposed  and  requir- 
ing little  else  than  quarrying  to  get  it  .ut  At  Funter  bay, 
on  the  west  side  of  the  island,  a  ten-stamp  mill  ,as  been  oper- 
ated for  two  seasons  on  the  ores  of  the  Willoughby  a:roup,  now 
owned  by  the  Boston  and  Alaska  Gold  Mining  Company,  which 
has  recntly  purchased  the  property  and  proposes  very  exten- 
sive development  next  season. 


COOK'S  INLET. 

From  the  Alaska  Mining  Record  of  January  i,  1896. 
In  the  camps  on  Resurrection  and  Six  Mile  Creeks,  diswuit 
«ight  miles  apart,  69  miners  will  put  in  the  winter.  A  large 
number  of  them  who  have  claims  in  that  near  neighborhood 
will  prepare  for  early  spring  work  by  putting  in  all  their  time 
possible  in  wing-damming  and  ditching,  and  hand-sledding  their 
supplies    up   to    their    mines   from    the    beach    over   the   crusted 


I   ' 


I' 


6aa 


ALASKA. 


snow.  During  the  winter  George  Donaldson  will  opea  up  two 
more  claims  with  the  intention  cf  working  them  during  sum- 
mer by  running  both  day  and  night  shifts,  these  two  claims 
being  located  on   Canyon  Creek,   two   miles   above  the  forks. 

The  claims  operated  by  Messrs.  Heddie,  Erickson  and  Mills 
paid  $20  a  day  to  the  man.  Two  shovels  of  gravel  on  the  bed- 
rock averaged  just  an  ounce  in  dust. 

On  the  next  claims  below  a  company  of  seven  men  from 
Fresno,  California,  worked  with  equal  results.  This  company 
intends  to  ship  up  animals  next  summer  and  put  on  a  pack 
train. 

Many  other  claims  were  partially  opened  up  with  fair  clean 
ups. 

The  creeks  putting  into  the  Arm,  on  the  opposite  or  north- 
west side,  which  head  in  the  mainland,  at  their  mouths  all  bear 
fine  gold.  While  the  schooner  Helen  was  laying  at  the  mouth 
of  one  of  the  creeks  the  Captain  and  a  number  of  his  crew  as- 
cended one  of  them  for  a  number  of  miles  back  to  the  foot- 
hills and  they  found  coarse  gold.  When  coarse  gold  is  found 
it  is  a  very  reasonable  probability  that  a  paying  creek  has  been 
discovered,  and  so  the  miners  there  think  that  important  dis- 
coveries have  been  made  on  that  side  of  the  Arm  as  well  as 
upon  the  other.  There  are  a  dozen  creeks  putting  down  from 
that  side  that  have  never  yet  felt  the  tread  of  the  prospector's 
foot. 

Not  one-hundredth  part  of  this  country  has  yet  been  pros- 
pected, and  the  fact  of  finding  fine  gold  at  the  mouth  of  every 
stream  that  puts  into  the  inlet  from  its  three  sides  is  evidence 
that  the  gold-bearing  section  is  of  vast  extent.  Then  the  great 
advantage  the  westward  has  over  the  interior  is  its  accessibility 
and  the  cheap  rate  at  which  supplies  can  be  laid  down.  A 
prospector  can  go  and  return  without  having  to  undergo  the 
hardships  encountered  on  the  interior  trip,  and  without  the 
outlay  of  a  small  fortune  in  going  to  and  from  or  the  purchase 
of  provisions  upon  which  to  exist  during  a  long  and  idle  winter. 
We  have  no  fear  of  the  scurvy  attacking  us  here,  for  want  of 
proper  food,  and  no  winter  starvation  will  stare  us  in  the  face. 
We  can  communicate  at  any  time  with  the  outside  world.  Our 
washing  season  is  at  the  least  calculation  a  month  longer  than 
on  the  Yukon,  and,  too,  we  have  not  the  frozen  ground  to  con- 
tend with,  although  we  have  a  greater  depth  of  snow  and  the 


RIVERS. 


623 


north- 
,11  bear 
mouth 
rew  as- 
le  foot- 
j  found 
as  been 
int   dis- 
vvell  as 
n  from 
ector's 


same  spring  raises,  probably  somewhat  greater  than  in  the  in- 
terior.  We,  too,  have  the  same  ntyriads  of  gnats  and  mos- 
quitoes. We  have  plenty  of  game,  the  moose,  bear,  fowls  and 
fish. 

Mining  on  Six  Mile  practically  ceased  on  October  ist,  as 
the  creek  commenced  to  freeze  on  September  27th.  Washing^ 
commenced  in  May.  During  May  and  June  the  weather  was 
almost  continually  clear,  and  during  July,  August  and  Septem- 
ber the  rainfall  was  prolonged,  with  occasional  heavy  showers. 

The  principal  supply  points  for  the  diggings  in  the  Turn- 
again  Arm  section  are  Sunrise  City,  situated  above  high  tide 
mark  at  the  mouth  of  Six  Mile  Creek,  having  about  thirty 
buildings.  Hope  City  is  at  the  mouth  of  Resuirection  Creek, 
and  is  a  town  of  somewhat  lesser  importance. 


BRITISH  COLUMBIA  RIVERS. 

Of  the  rivers  of  British  Columbia  the  principal  are  the  Era- 
ser, the  Columbia,  the  Thompson,  the  Kootenay,  the  Skeena, 
the  Stikine,  the  Liard,  and  the  Peace.  The  Eraser  is  the  great 
water  course  of  the  province.  It  rises  in  the  northern  part  of 
the  Rocky  Mountains,  runs  for  about  200  miles  in  two  branches 
in  a  westerly  direction,  and  then  in  one  stream  runs  due  south 
for  nearly  400  miles  before  turning  to  rush  through  the  gorges 
of  the  Coast  Range  to  the  Straits  of  Georgia.  Its  total  length 
is  about  740  miles.  On  its  way  it  receives  the  waters  of  the 
Thompson,  the  Chilicoten,  the  Lillooet,  the  Nicola,  the  Harri- 
son, the  Pitt,  and  numerous  other  streams.  Eor  the  last  8a 
miles  of  its  course  it  flows  through  a  wide  alluvial  plain,  which 
has  mainly  been  deposited  from  its  own  silt.  It  is  navigable 
for  river  boats  to  Yale,  a  small  town  no  miles  from  the  mouth, 
and  again  for  smaller  craft  for  about  60  miles  of  its 
course  through  the  interior,  from  Quesnelle  Mouth  to  Soda 
Creek;  and  larger  vessels  drawing  20  feet  can  ascend  to  New 
Westminster,  situated  about  is  miles  from  the  mouth. 

The  Columbia  is  a  large  river  rising  in  the  southeastern  part 
of  the  Province,  in  the  neighborhood  of  the  Rocky  Mountams, 
near  the  Kootenay  Lake.  This  lake  is  now  traversable  by  reg- 
ular steamboat  service.  The  Columbia  runs  north  beyond  the 
52d  degree  of  latitude,   when  it  takes  a   sudden  turn  and  runs 


•  ^ 


1* 


ii 


til 


11 


I 

If' 


€34 


BRITISH  COLUMBIA. 


due  south  into  the  State  of  Washington.  It  is  this  loop  made 
by  the  abrupt  turn  of  the  river  that  is  known  as  the  "Big  Bend 
of  the  Columbia."  The  Kootenay  waters  fall  into  the  return- 
ing branch  of  this  loop  some  distance  south  of  the  main  line 
of  the  railway.  The  Columbia  drains  a  total  area  of  195,000 
square   miles. 

The  Peace  River  rises  some  distance  north  of  the  north  bend 
of  the  Fraser,  and  flows  eastwardly  through  the  Rocky  Moun- 
tains, draining  the  plains  on  the  other  side.  It  more  properly 
belongs  to  the  district  east  of  the  mountains  that  bears  its 
name.  In  the  far  north  are  the  Skeena  and  Stikine  Rivers  flow- 
ing into  the  Pacific,  the  latter  being  in  the  country  of  valuable 
gold  mining  operations. 

The  Thompson  River  has  two  branches,  known  as  the  North 
Thompson  and  the  South  Thompson,  the  former  rising  in  small 
lakes  in  the  Cariboo  district,  and  the  other  in  the  Shuswap 
Lakes  in  the  Yale  district.  They  join  at  Kamloops  and  flow 
east  out  of  Kamloops  Lake  into  the  Fraser  river  at  Lytton. 


MINERALS  OF  BRITISH   COLUMBIA. 

It  would  be  difficult  to  indicate  any  defined  section  of  Brit- 
ish Columbia  in  which  gold  or  silver  has  not  been,  or  will  not 
be  found.  The  first  mines  discovered  were  on  the  Thompson 
river;  then  on  the  Fraser  and  Hope,  and  continued  up  the 
Fraser  to  the  Cariboo  district. 

Gold  has  been  found  on  the  eastern  side  of  the  Rocky 
Mountains,  on  Queen  Charlotte  Islands  at  the  extreme  west, 
and  on  every  range  of  mountains  that  intervenes  between  these 
two  extreme  points.  Until  recently  the  work  has  been  practi- 
cally placer  mining,  a  mere  scratching  of  the  surface,  yet  over 
fifty  millions  of  dollars  have  been  scraped  out  of  the  rivers  and 
creeks.  Bars  have  been  washed  out  and  abandoned,  without 
sufficient  effort  being  made  to  discover  the  quartz  vein  from 
which  the  streams  received  their  gold.  Abandoned  diggings 
have  been  visited  after  a  lapse  of  years,  and  new  discoveries 
have  been  made  in  the  neighborhood. 

The  railway  now  pierces  the  auriferous  ranges;  men  and 
material  can  be  carried  into  the  heart  of  the  mountains,  and 
with  each  succeeding  season  fresh  gold  deposits  are  found,  or 


MINING  DISCOVERIES. 


625 


made 

Bend 

•eturn- 

n  line 

195,000 

n  bend 
Moun- 
roperly 
ars  its 
•s  flow- 
aluable 

I  North 
n  small 
ihuswap 
nd  flow 
ton. 


of  Brit- 
will  not 
lompson 
up    the 

Rocky 
ke    west, 
\n  these 
practi- 
tet  over 
lers  and 
1  without 
\n  from 
l^iggings 
^overies 

len    and 

IS,   and 

lund,  or 


the  old  ones  traced  to  the  quartz  rock,  and  capital  and  ade- 
quate machinery  brought  to  bear  upon  them.  In  no  section 
is  this  more  strongly  demonstrated  than  in  the  famed  Cariboo 
region,  where  during  the  past  three  years  hydraulic  mining  has 
been  commenced  on  a  large  scale,  and  improved  plant  to  the 
value  of  over  half  a  million  dollars  introduced.  During  the 
past  year,  a  grand  total  of  forty-three  miles  of  ditch  flume  and 
pipe  have  either  beer,  constructed  or  put  in  working  order. 
Already  the  results  have  been  most  satisfactory,  and  there  is 
every  indication  of  a  yield  of  the  precious  metal  that  will  aston- 
ish the  world  and  revolutionize  mining  in  northern  British  Co- 
lumbia, which  had  hitherto  been  conducted  in  a  somewhat 
crude  fashion.  The  recognized  and  greatest  authority  on  min- 
eralogy in  Canada,  Dr.  G.  M.  Dawson,  F.  R.  G.  S.,  who  for 
fifteen  years  was  engaged  in  exploring  British  Columbia,  says: 
"The  explorations  of  the  Geological  Survey  of  Canada  have  al- 
ready resulted  in  placing  on  record  the  occurrence  of  rich  ores 
of  gold  and  silver  in  various  places  scatterd  along  the  entire 
length  of  the  Cordilleran  (Rocky  Mountain)  region  in  Canada. 

*  *  *  Because  a  mountainous  country,  and  till  of  late  a  very 
remote  one,  the  development  of  the  resources  of  British  Colum- 
bia has  heretofore  been  slow,  but  the  preliminary  difliculties 
having  been  overcome,  it  is  now,  there  is  every  reason  to  be- 
lieve, on  the  verge  of  an  era  of  prosperity  and  expansion  of 
which  it  is  yet  difficult  to  foresee  the  amount  or  the  end.    *    * 

*  Everything  which  has  been  ascertained  of  the  geological 
character  of  the  Province,  as  a  whole,  tends  to  the  belief  that 
so  soon  as  means  of  travel  and  transport  shall  be  extended  to 
what  are  still  the  more  inaccessible  districts  these  also  will  be 
discovered  to  be  equally  rich  in  minerals,  particularly  in  pre- 
cious metals,  gold  and  silver." 

The  total  output  of  gold  since  its  first  discovery  in  British 
Columbia,  even  before  new  mineral  districts  were  opened  up 
by  the  Canadian  Pacific  Railway,  was  estimated  at  $60,000,000. 
It  is  now  far  in  excess  of  this. 

Silver  has  been  discovered  in  several  places,  and  its  further 
discovery  will  probably  show  that  it  follows  the  same  rules  as 
in  Nevada  and  Colorado.  The  best  known  argentiferous  lo- 
cality is  the  West  Kootenay,  from  whose  mines  it  is  estimated 
between  $2,000,000  and  $3,000,000  in  ore  were  shipped  with- 
in the  past  year.  Railroads  in  this  section  are  opening  up 
40 


1 
1' 


6a6 


BRITISH  COLUMBIA. 


the  country  and  several  new  smelters  have  been  erected  and 
are  in  operation,  smelting  the  ore  in  close  proximity  to  the 
mines.  There  can  be  no  doubt  that  the  output  will  be  largely 
on  the  increase  as  development  work  shows  more  ore  in  fight 
every  day. 

Great  iron  deposits  exist  on  Texada  Island,  and  copper  de- 
posits have  been  found  at  several  points  on  the  coast  of  the 
mainland,  Howe  Sound,  Jarvis  Inlet,  the  Queen  Charlotte  Is- 
lands and  other  points.  Cinnabar  and  platinum  have  been 
found  in  small  quantities  during  the  process  of  washing  gold. 

A  ledge  of  cinnabar,  found  on  Kamloops  Lake,  is  operated 
by  the  Cinnabai  Mining  Co.  The  true  vein  is  reported  as 
being  fourteen  inches  thick,  and  there  appears  to  be  a  large 
scattered  quantity  besides.  Assays  give  a  high  percentage  of 
mercury,  and  the  mine,  which  is  now  being  actively  worked,  is 
pronounced  to  be  a  very-  valuable  one. 

In  Alberni  District  on  the  west  coast  of  Vancouver  Island  a 
considerable  amount  of  work  is  in  progress.  Numerous  quartz 
veins  have  been  discovered  and  are  being  opened  up;  a  mill 
run  from  one  of  these  claims  gave  a  yield  of  $30  per  ton.  In 
the  same  district  two  hydraulic  claims  have  commenced  work 
on  China  Creek  with  every  prospect  of  success. 

Bituminous  coal  has  been  extensively  worked  for  many  years 
past  at  Nanaimo,  on  Vancouver  Island,  at  which  place  there 
are  large  deposits,  and  indications  of  coal  have  been  found  at 
several  other  places   on  that  island. 

Several  seams  of  bituminous  coal  have  been  discovered  on 
the  mainland  and  the  New  Westminister  and  Nicola  districts, 
and  other  indications  of  coal  have  been  found  in  many  parts. 
The  same  formation  exists  on  the  mainland  as  on  the  island, 
and  the  New  Westminister  and  Nicola  coal  beds  are  probably 
small  portions  only  of  a  large  area. 

A  most  phenomenal  discovery  of  coal  has  been  made  in  the 
Crow's  Nest  Pass  of  the  Rocky  Mountains.  Here  no  fewer 
than  twenty  seams  are  seen  to  outcrop,  with  a  total  thickness 
of  from  132  feet  to  448  feet. 

Anthracite  coal  is  now  being  extensively  mined  at  "Anthra* 
cite,"  on  the  line  of  the  Canadian  Pacific  Railway,  just  outside 
British  Columbia,  and  some  comparing  favorably  with  that  of 
Pennsylvania  has  been  found  in  seams  of  six  feet  and  three 
feet  in  Queen  Charlotte  Island.    Fragments  of  anthracite  have 


:ted  and 

f  to  the 

e  largely 

in  tight 

pper  de- 
t  of  the 
lotte  Is- 
vt  been 
I  gold, 
operated 
orted  as 
a  large 
ntage  of 
drked,  is 

Island  a 
s  quartz 
a  mill 
ton.  In 
ed   work 

ny  years 
ce  there 
found  at 


MINING  DISCOVERIES. 


been  picked  up  oa  mv.«i  *^ 

CaHK       T^.  ^^^^BOO  DISTRICT. 

Cariboo   District   r       l 

enormourcora„rr'""'^  «°"fi«ed  to  L"'  ^^^^o^tion. 
-«  heavy  mlchL  " "'°''  •"^"Perable  d/fficuhiL  T^''  ''»« 
n^ost  primit,vr  ,  ^  necessitating  the  Vmii  ^  t^nsport- 
fnll      Sr  ,  appliances   in   miniL     ru  ^'^^^^^^'nent    of    the 

»"ii      development      of      th^     "»'n'ng     These   obstacles   to   tu 
of    Cariboo   have    K*-      ,  ^arvelously      rich      -  u     ^  ^^^^ 

recentlv  k-^        •  "^^      'he      work      nf     ^""^"     Columbia, 

recently  been   vigorously  and   ex7JZ;     ,  ^^^e^opment      has 

""r  Q„e,„e,„  La^^-  fj"^"'^  °'  the  Upper  Fraser  R "^ 
Canboo  Hydraulic  M  „  1°  c„ " "'   """"  ''"•"  Ashcrof,      ,r: 

«^ater  by  seventeen  miles  of  HJf«u-  "^   Purposes,   convevin* 

hydraulic  ..;U^;"'~^  ».»"  a  bottom  of  U'n   ^^  *'?  » 
'       '•     "  ■»°'""'"-  carrying  a  thr  2\'!!l'"»  '»- 


»'  monitors,  carrying  a  :rr:^'rd::5tt 


638 


BRITISH  COLUMBIA. 


head  of  hydraulic  pressure  that  will  easily  disintegrate  gravelly 
conglomerate  wherein  the  gold  of  the  mine  is  contained,  and 
the  Montreal  Hydraulic  Gold  Mining  Company,  which  is  de- 
veloping its  claims  rapidly  and  with  excellent  results.  At 
Slough  Creek,  Willow  River,  Antler,  Cunningham,  Big  Valley, 
and  other  creeks,  and  at  Barkerville  on  the  richest  of  all  known 
creeks  in  the  world,  from  which  $25,000,000  was  taken  in  two 
miles  distance  in  early  days  (and  now  being  at  enormous  ex- 
pense opened  up  to  work  by  the  Cariboo  Gold  Fields  Company, 
with  a  hydraulic  elevator). 


THE  MINERAL  WEALTH  OF  BRITISH  COLUMBIA. 

A  paper  read  before  the  Royal  Colonial  Institute,   March   14th, 
1893,  by  Dr.  G.  M.   Dawson,  C.   M.   G.,   F.  R.  S. 

For  fifteen  years  or  more  I  have  been  engaged  in  the  ex- 
ploration and  geological  examination  of  British  Columbia  in 
connection  with  the  Geological  Survey  of  Canada,  and  have 
thus  enjoyed  the  opportunity  of  traversing  and  inspecting  a 
large  part  of  this  province  of  Canada.  The  information  gained 
has  been  embodied  in  a  series  of  official  reports,  published  from 
year  to  year,  and  it  is  only  because  it  may  be  assumed  that 
such  reports  are  seldom  read  that  I  can  venture  to  hope  that 
what  I  have  to  say  may  possess  some  interest  or  novelty  at  the 
present  time. 

Less  than  one  hundred  years  ago,  the  region  now  named 
British  Columbia  was  wholly  unknown.  At  about  that  time  its 
coast  began  to  be  explored  in  some  detail  by  Cook,  Vancouver, 
and  other  navigators,  and  soon  after,  this  coast  became  the  re- 
sort of  a  certain  number  of  trading  vessels  in  search  of  furs;  but 
none  of  these  adventurers  acquired  any  knowledge  of  the  in- 
terior of  the  country.  Almost  simultaneously,  however,  the  ex- 
plorers and  traders  of  the  Northwest  and  Hudson's  Bay  Com- 
panies, pushing  on  and  extending  their  operations  from  point 
to  point  in  the  interior  of  the  North  American  Continent,  began 
to  enter  the  hitherto  mysterious  region  of  the  Rocky  Mountain 
from  its  inland  side.  Mackenzie  was  the  first  to  reach  the  Pa- 
cific, and  following  him  came  Fraser,  Thompson,  Campbell,  and 
others,  all  Scotchmen  in  the  service  of  these  trading  companies, 
till  by  degrees  several  trading  posts  were  established,  and  "New 


MINING  DISCOVERIES 

ing  .ha,  h.rhrd  v.  "  """""  --"ourc"  Lh'"  P'°"«"  of 
«"'•■  journey,  o„  "'""'<'  <""'~ottn  Lt  *"""""  """ox- 
panics  acroM  a  "„""'"'-««<ied  .he  "„ *" •°"'   "'»   P'»<=i"« 

•»"«  suffice  ,„s:;C,  "!;■•-'>  -e  are  at'p^e^'^f"*"  '""  of  in- 
a  "'ur  coun,ry  .' ,'li''"  *'"'  *»  now  Bri,i,h T„T  T'"""'-    I' 

"'  ~ai  upon  ta  c„a,,  w»  "'""•  '<"  ""^ tears'"  tJ'  ""-""• 
"'  'he  Hudson's  B=v  ^     "agnized  by  D,   ?;,     *"  "i««nce 

""'crops  from"„°  ,7.'  "'«  actually  ^btoin.f',  '""  ""»■«'• 
■-•onipanys  pos,s  „„  °  ""'  '"'  ">•  use  of  m.  1.  '"'"  "a"""' 
•o  'he  disc^e^.""  '"pounce  appear?  t^' h'.'^f  ™'"«a  «  'he 

-  eto^->"«.  ^as^TXVd^ r?  -"--u" 
"-rrK  sV^°"  ""  "  ^^--  of-co-  - 

«en.  deytpLm ':S',  '""'««'•  »  i"s,ifi'aW.  'a,'!,? T"  • '•"^'■■'« 
"y  of  gold  oe"  ■  r^H  "  '"""'"•  Two  years  /•'"""  ™''.e. 
'°™ing  par,  „°  B„"'l  r  ,""  »"«"    CharbUe  "  j:,'  ".*'"'- 

'"5  episode  by  i,se"     bu.  °  r"''-    ^•■-  -„stou,es     ^t  """ 
'*  'or  a  time    nn  „   u         '  *"ou<fh  some  atf*.n*-  interest- 

?- .--^rh:  if  5;f '- rdso^:.rt7  c-^  -■ 

following  yeZ  I  ?°'''  '°  "*a,e  a   «„  ".  '^^.""  ™"<"  of  a 
--  pfopTir  ird   a,"Th ""   '""'   »^'nXT::l'"  '-' 

""""— "^■•ngp".'"wrh,r 


6^0 


BRITISH  COLUMBIA. 


II 
ii, 


stood  upon  the  present  site  of  the  city  of  V^ictoria,  while  many 
more  made  their  way  overland  to  the  new  El  Dorado. 

The  difficulties  in  the  way  of  these  fortune  hunters  were 
great.  The  country  was  without  roads  or  other  means  of  com- 
munications, save  such  rough  trails  and  tracks  as  had  served 
the  purpose  of  the  natives  and  those  of  the  fur  traders.  The 
Indians,  if  not  openly  hostile,  were  treacherous,  and  not  a  few 
of  the  men  who  actually  reached  the  Fraser  Canyons  were 
never  again  heard  of. 

The  Fraser  and  Thompson  were  at  this  time  the  objective 
points,  and  much  of  the  lengths  of  these  rivers  were  imprac- 
ticable torrents.  It  is^ot,  therefore,  surprising  that  by  far  the 
larger  part  of  those  engaged  in  this  sudden  migration  returne<! 
disappointed,  many  without  ever  reaching  their  destination. 
Some,  however,  persevered,  several  thousand  miners  actually 
got  to  work  on  the  auriferous  bars  of  the  Fraser,  and  a  new 
state  of  affairs  was  thus  fairly  inaugurated. 

To  follow  the  rapid  progress  of  these  miners  along  the  Fraser 
and  Thompson  with  their  tributaries,  would  be  full  of  interest, 
though  the  records  of  their  work  now  existing  are  scanty,  but 
this  again  would  lead  us  too  far  afield.  The  gold  found  on  the 
lower  reaches  of  the  Fraser  was  what  is  krown  to  miners  - 
"fine"  gold,  or  gold  in  very  small  scales  or  dust,  minutely 
divided.  Further  up  "coarser"  gold  was  obtained,  and  the 
miners  very  naturally  jumped  to  the  conclusion  that  somewhere 
Still  further  up  the  great  stream,  the  source  of  all  the  gold 
should  be  found.  Thus,  with  restless  energy,  they  pushed  on 
till  before  long  the  Cariboo  country,  some  four  hundred  miles 
from  sea,  was  reached;  and  here  the  richest  deposits  of  allu- 
vial or  "placer"  gold  were  found,  and  for  a  number  of  years 
continued  to  be  worked,  with  results  which,  considering  the 
comparatively  small  number  of  men  engaged,  were  most  re- 
markable. 

Later  and  more  thorough  investigations  show  that  the  theory 
so  readily  adopted  by  the  miners  was  incorrect;  that  there  is  no 
regular  gradation  in  amount  or  "coarseness"  of  gold  from  the 
lower  part  of  the  Fraser  to  the  head  waters  in  Cariboo,  but 
that  the  gold  found  on  the  bars  of  the  river  is  of  more  local 
origin.  Still  the  theory  referred  to,  as  a  matter  of  fact,  led  the 
miners  to  Cariboo,  which  proved  not  only  to  be  the  richest  dis- 
trict so  far  discovered  in  British  Columbia,  but  for  its  area 
one  of  the  richest  placer  mining  districts  ever  found. 


MINING  DISCOVERIES. 


In  this  distnW  ♦!.-.       ..  *3' 

flowed  w.,e  /„„X-  hp-*  «"«"•  •"".ugh  which  ft  .;~"^- 

"  *n  sinking  beneath  all  f »,.•-  ""\aenng  mountain  rano.. . 
strean^s.  the  predecessors  "f,"  T'"^*^'  **^*  channels  of  ofd!; 
'ocky  beds  smoothed  anrf  ^''''^"*'  ^^'e  ^ound    with  Tf 

ers  and  gravel     Thll         '*'°''"  *"«*  «"«»  with  ro»n/^  u*^^' 
because  th7  "*  contained  vastlv  ri.u     \  '°"n<*ed  bould- 

uccause  they   represented    fh-  ^  "*^"*^*'  deposits  of  imM 

inis  discovery    r^no*        ^ 
'87".   but  gr^fa":"/  ^""^  *"  »«  succLfullf ''   *."  """P 


li     14 


^ 


BRITISH  COLUMBIA. 


It  must  be  remembered  that  the  Cariboo  mining  district  is  sit- 
uated in  a  high  and  densely  forested  mountainous  region,  which 
because  of  its  inaccessible  character,  had  remained  almost  un- 
known even  to  the  wandering  native  hunters.  At  the  time  in 
which  these  great  discoveries  in  it  occurred,  it  was  reached 
only  with  extreme  difficulty  by  trails  or  imperfect  tracks,  over 
mountains  and  across  unbridged  rivers.  Every  article  required 
by  the  miner  was  obtained  at  an  excessive  cost;  but  all  these 
drawbacks  did  not  prevent  the  rapid  growth  of  typical  mining 
camps  in  the  center  of  this  remote  wilderness,  with  their  ac- 
companying lavish  expenditure  and  costly  if  rude  pleasures.  So 
long  as  the  golden  stream  continued  to  flow  in  undiminished 
volume,  every^'iing  that  gold  alone  could  buy  was  to  be  ob- 
tained in  Cariboo. 

Perhaps  more  worthy  of  note  is  the  fact  that  the  develop- 
ment of  these  mines  was  carried  out  entirely  by  the  miners 
themselves.  No  outf'de  capital  or  backing  was  asked  for  or 
obtained.  Money  made  in  one  venture  was  freely  and  at  once 
embarked  in  another,  and  the  investors  were  to  be  found  work- 
ing with  pick  and  shovel  in  the  shaft  or  drift. 

But  the  lengths  of  the  rich  old  channels  on  both  these 
famous  creeks  which  could  be  worked  in  this  way  proved  to 
be  limited  to  a  few  miles.  Below  a  certain  point  in  each  case, 
the  "bgd-rock"  was  found  to  be  at  so  great  a  depth  that  it  was 
not  possible  to  reach  it  through  the  loose  and  water-saturated 
materials  filling  the  old  valley.  Thus  the  great  yield  of  gold 
became  gradually  reduced  to  comparatively  modest  proportions, 
and,  at  the  present  time,  mining  in  the  Cariboo  district  is 
mainly  confined  to  hydraulic  workings,  by  which  poorer  ground 
is  utilized  and  a  much  larger  quantity  of  material  requires  to 
be  removed  to  obtain  a  given  amount  of  gold.  But  the  old 
valleys  of  Cariboo  have  never  ceased  to  produce  gold,  and  in 
1892  their  product  still  amounted  in  value  to  about  $200,000. 

It  has  been  impossible  to  follow  the  fortunes  of  the  Cariboo 
mining  district  in  any  detail,  and  time  can  only  be  afforded  to 
name  the  other  placer  mining  districts  of  the  province.  The 
Omineca  district  was  discovered  soon  after  Cariboo,  but  little 
was  done  there  until  1867.  This  district  is  situated  in  latitude 
fifty-six  degrees,  in  the  drainage  basin  of  the  Peace  River,  and 
though  so  remote,  has  produced  a  considerable  quantity  of  gold. 
Still  further  to  the  north,  in  latitude  fifty-eight  degrees,  is  the 


MINING  DISCOVERIES. 


6U 


Casssiar  district,  first  found  to  be  auriferous  in  1872,  for  some 
years  thereafter  resorted  to  by  many  miners,  and  still  a  mining 
center  not  without  importance.  This  is  the  northernmost  min- 
ing region  of  British  Columbia  proper,  but  beyond  the  sixtieth 
parallel  (forming  the  northern  boundary  of  the  province)  allu- 
vial gold  mining  has  of  late  years  been  developed  in  the  Yukon 
district,  embracing  the  numerous  upper  tributaries  of  that  great 
river,  and  extending  to  the  borders  of  the  United  States  terri- 
tory of  Alaska. 

Neither  must  it  be  forgotten  to  note,  that  the  working  of 
alluvial  gold  deposit  of  greater  or  less  importance  has  occurred 
at  many  places  in  the  southern  part  of  the  province,  to  the  east 
of  Eraser  River,  including  Big  Bend,  Similkameen,  and  Koote- 
nay  districts,  from  all  of  which  some  gold  still  continues  to  be 
Ijroduced  by  the  old  methods. 

The  story  of  the  discovery  and  development,  the  palmy  days 
and  the  gradual  decline  in  importance  of  any  one  of  these  min- 
ing regions,  rightly  told  and  in  sufficient  detail,  would  consti- 
tute in  itself  a  subject  of  interest.  But  without  attempting  to 
do  more  than  name  the  districts  here,  it  is  of  importance  to 
note  how  general,  throughout  the  whole  extent  of  the  great 
area  of  British  Columbia,  the  occurrence  of  deposits  of  alluvial 
gold  has  proved  to  be.  The  gold  thus  found  in  the  gravels 
and  river  beds  is  merely  that  collected  in  those  places  by  nat- 
ural processes  of  waste,  acting  on  the  rocks,  and  in  the  concen- 
tration of  their  heavy  materials  during  the  long  course  of  time. 
The  gold  has  been  collecced  in  these  places  by  the  untiring 
action  of  the  streams  aad  rivers,  and  it  must  m  aii  cases  be 
accepted  as  an  indication  of  the  gold-bearing  veins  which  trav- 
erse the  rocky  substructure  of  the  country,  and  which  await 
merely  the  necessary  skill  and  capital  to  yield  to  the  miner  still 
more  abundantly. 

Nevertheless,  the  results  of  alluvial  or  placer  gold  mining 
alone  in  British  Columbia  have  not  been  insignificant,  for, 
since  the  early  years  of  the  discovery,  the  province  has  con- 
tributed gold  to  the  value  of  some  $50,000,000  to  the  world. 

One  feature  in  particular  requires  special  mention,  and  this 
is  a  deduction  whi'-h  depends  not  alone  on  experience  in  British 
Columbia,  but  which  is  based  as  well  on  that  resulting  from  the 
study  and  examination  of  other  regions.  The  "heavy,"  or 
"coarse"  gold,  meaning  by  these  miners'  terms  the  gold  which 


:■! 


I 

■ill 


■M 


:\\ 


m 


r% 


'  ■■..till 


<'i 


<94 


BRITISH  COLUMBIA. 


.  v 


occurs  in  pellets  or  nuggets  of  some  size,  never  travels  far  from 
its  place  of  origin.  It  is  from  this  point  of  view  that  it  be- 
comes important  to  note  and  record  the  localities  in  which 
rich  alluvial  deposits  have  been  found,  even  when  the  working 
of  these  has  been  abandoned  by  the  placer  miner.  Their  exist- 
ence points  to  that  of  neighboring  deposits  in  the  rock  itself, 
which  may  confidently  be  looked  for,  and  which  are  likely 
to  constitute  a  greater  and  more  permanent  source  of  wealth 
than  that  afforded  by  their  derived  gold. 

Reverting  for  a  moment  to  the  Cariboo  district,  where  such 
notably  rich  deposits  of  alluvial  gold  have  been  found  within 
a  limited  area,  and  where,  very  often,  the  gold  obtained  has 
been  actually  mingled  with  the  quartz  of  the  parent  veins,  it 
can  not  be  doubted  that  these  veins  will  before  long  be  drawn 
upon  to  produce  a  second  golden  harvest.  This  district  has 
suffered  and  still  suffers  from  its  great  distance  from  efficient 
means  of  communication;  but,  notwithstanding  this,  praise- 
worthy efforts  have  already  been  made  towards  the  develop- 
ment of  "quartz  mining,"  while  much  also  remains  to  be  done 
in  utilizing  by  operations  on  a  larger  scale,  and  with  better 
appliances,  the  less  accessible  deposits  which  have  so  far  baf- 
fled the  efforts  of  the  local  miner. 

It  is  necessary  to  bear  in  mind  that  alluvial  gold  mining  or 
placer  mining  requires  but  a  minimum  amount  of  knowledge 
on  the  part  of  the  miner,  though  it  may  call  for  much  indi- 
vidual enterprise  and  effort  when  a  new  and  difficult  region  is 
to  be  entered.  Any  man  of  ordinary  intelligence  may  soon 
become  an  expert  placer  miner.  It  is,  after  all,  in  the  main,  a 
poor  man's  method  of  mining;  and,  as  a  rule,  the  placer  miner 
lacks  the  knowledge  as  well  as  the  capital  necessary  to  enable 
him  to  undertake  regular  mining  operations  on  veins  and  lodes. 
However  promising  the  indications  may  be  for  such  mining, 
he  either  does  not  appreciate  them,  or  passes  them  over  as 
being  beyond  his  experience  or  means.  He  would  rather  travel 
hundreds  of  miles  to  test  a  new  reported  discovery,  than  spend 
a  summer  in  endeavoring  to  trace  out  a  quartz  reef,  with  the 
uncertain  prospect  of  being  able  to  dispose  of  it  at  some  later 
date. 

Thus,  though  the  development  of  placer  mining  in  British 
Columbia  began  a  new  history  for  that  great  region,  raising  it 
from  the  status  of  a  "fur  country"  to  that  of  an  independent 


MINING  DISCOVERIES. 


635 


from 
it  be- 
which 
>rking 

exist- 

itself. 

likely 
wealth 

e  such 
within 
ed  has 
:ins,  it 

drawn 
ict  has 
efficient 

praise- 
levelop- 
DC  done 
1  better 
Ifar  baf- 


1  British 
Ising  it 
)endent 


colony,  and  subsequently  to  that  of  a  province  of  Canada,  there 
remained  a  gap  to  be  bridged  in  order  that  the  province  should 
begin  to  realize  its  proper  place  among  the  mining  regions  of 
the  world.  It  was  necessary  that  railways  should  be  con- 
structed to  convey  machinery  and  carry  ores,  as  well  as  to  bring 
to  the  metalliferous  districts  men  who  would  not  face  the  hard- 
ships of  pioneer  travel  in  the  mountains,  but  who  are  in  a  posi- 
tion to  embark  the  necessary  capital  in  promising  enterprises.* 

For  a  portion  of  the  province  the  construction  of  the  Cana- 
dian Pacific  Railway  has  afforded  these  facilities,  but  by  far 
the  larger  part  still  awaits  railway  communication.  Had  the 
Canadian  Pacific  Railway,  in  accordance  with  some  of  the  sur- 
veys made  for  it,  traversed,  for  instance,  the  Cariboo  district, 
there  can  be  no  doubt  that  we  should  have  already  been  able 
to  note  great  developments  there.  This  railway  has,  however, 
been  constructed  across  the  southern  portion  of  the  province, 
and  in  its  vicinity,  and  concurrently  with  its  progress,  new  min- 
ing interests  have  begun  to  grow  up,  of  which  something  must 
now  be  said. 

Before  tttrning  to  these,  however,  I  must  ask  to  be  al- 
lowed to  say  a  few  words  respecting  the  development  of  the 
coal  mines  of  British  Columbia,  which  was  meanwhile  in 
progress. 

The  discovery  of  coal  upon  the  coast,  at  an  early  date  in 
the  brief  history  of  British  Columbia,  has  already  been  alluded 
to.  Following  this  discovery,  the  Hudson's  Bay  Company 
brought  out  a  few  coal  miners  from  Scotland,  and  proceeded 
to  test  and  open  up  some  of  the  deposits.  Thus,  as  early  as  1853, 
about  2,000  tons  of  coal  were  actually  raised  at  Nanaimo.  San 
Francisco  already  began  to  afford  a  market  for  this  coal,  and 
the  amount  produced  increased  from  year  to  year.  The  prin- 
cipal coal  mining  district  remained,  and  still  remains,  at  Na- 
naimo. on  Vancouver  Island.  At  the  close  of  the  year  1888, 
about  four  and  a  half  million  tons  in  all  had  been  produced, 
and  the  output  has  grown  annually,  till  in  1891  over  a  million 
tons  were  raised  in  one  year.  California  is  still  the  principal 
place  of  sale  for  the  coal,  which,  by  reason  of  its  superior  qual- 
ity, practically  controls  this  market,  and  is  held  in  greater  esti- 
mation than  any  other  fuel  produced  on  the  Pacific  slope  of 
North  America.  The  local  consumption  in  the  province  itself 
grows  annually,  and  smaller  quantities  are  also  exported  to  the 


I 


11:, 


m 


tli 


6^ 


BRITISH  COLUMBIA. 


Hawaiian  Islands,  and  to  China,  Japan,  and  other  places.  In 
the  various  ports  of  the  Pacific  Ocean  the  coal  from  British  Co- 
lumbia comes  ipto  competition  with  coal  from  Puget  Sound,  in 
the  State  of  Washington,  which,  because  of  the  high  protective 
duty  established  by  the  United  States,  is  enabled  to  achieve  a 
large  sale  in  California  notwithstanding  its  inferior  quality.  It 
also  has  to  compete  with  shipments  from  Great  Britain,  brought 
out  practically  as  ballast,  with  the  coals  of  Newcastle  in  New 
South  Wales,  with  coal  from  Japan,  and  in  regard  to  the  Pa- 
cific ports  of  the  Russian  Empire,  with  coal  raised  by  convict 
labor  at  Dual,  on  Saghalien  Island,  in  the  Okotsk  Sea. 

Though  Nanaimo  has  been  from  the  first  the  chief  point  of 
production  of  coal,  work  has  been  extended  within  the  last  few 
years  to  the  Comox  district,  also  situated  on  Vancouver  Island; 
while  other  promising  coal-bearing  tracts  have  been  in  part  ex- 
plored and  examined  on  this  island  and  on  the  Queen  Char- 
lotte Islands. 

These  particular  coal  regions,  bordering  on  the  Pacific 
Ocean,  have  naturally  been  the  first  to  be  employed,  but  they 
by  no  means  exhaust  the  resources  of  the  province  in  respect 
to  coal.  Deposits  of  good  bituminous  coal  are  also  known  in 
the  inland  region,  and  some  of  these  in  the  vicinity  of  the  line 
of  railway  are  now  being  opened  up,  while  others,  still  tar 
from  any  practical  means  of  transport  or  convenient  market, 
have  been  discovered,  and  lie  in  reserve.  One  of  the  most 
remarkable  of  these  undeveloped  fields  is  that  of  the  Crow's 
Nest  Pass,  in  the  Rocky  Mountains,  where  a  large  number  of 
superposed  beds  of  exceptional  thickness  and  quality  have  been 
defined. 

Besides  the  bituminous  coals,  there  are  also  in  the  interior  of 
the  province  widely  extended  deposits  of  lignite  coals,  of  later 
geological  age,  which,  though  inferior  as  fuels,  possess  consid- 
erable value  for  local  use. 

In  the  Queen  Charlotte  Islands  anthracite  coal  is  found,  but 
has  not  yet  been  successfully  worked;  and  in  the  Rocky  Moun- 
tains, on  the  line  of  the  Canadian  Pacific  Railway,  coal  of  the 
same  kind  again  occurs,  near  Banff  and  Canmore  stations.  The 
places  last  named  lie  just  beyond  the  eastern  borders  of  British 
Columbia  in  the  adjacent  district  of  Alberta,  but  require  men- 
tion  in  connection   ith   the   mineral   resources   of  the   province. 

The  coals  of  British  Columbia  may,  in  fact,  be  said  to  rep- 


MINIKG  DISCOVERIES. 


637 


s.    In 
h  Co- 
ad,  in 
ective 
ieve  a 
ty.    It 
rought 
I   New 
le   Pa- 
;onvict 

Dint  of 

1st  few 

Island; 

>art  ex- 

i   Char- 
Pacific 

ut  they 
respect 

Lown  in 

the  line 

still    far 

market, 

e   most 

Crow's 

iber  of 

been 

»rior  of 
>f  later 
I  consid- 

id,  but 

Moun- 

of  the 

IS.    The 

1  British 

le  xnen- 

[ovince. 

Ito  rep- 


resent, in  regard  to  quality  and  composition,  every  stage  from 
hard  to  smokeless  fuels,  such  as  anthracite,  to  lignites  and 
brown  coals  like  those  of  Saxony  and  Bohemia.,  Many  features 
of  interest  to  the  geologist  might  be  mentioned  in  relation  to 
these  coal  deposits,  did  time  permit,  but  it  must  not  be  for- 
gotten to  note  one  principal  fact  of  this  kind — the  very  recent 
geological  age  to  which  all  the  coals  belong.  None  of  the 
coals  of  British  Columbia  are  so  old  as  those  worked  in  Great 
Britain;  they  are,  in  fact,  all  contained  in  cretaceous  and  ter- 
tiary rocks. 

The  v^ry  general  distribution  of  coals  of  various  kinds  in 
different  parts  of  the  province  is  of  peculiar  importance  when 
considered  in  connection  with  the  building  of  railways  and  the 
mining  and  smelting  of  the  metalliferous  ores.  It  insures  the 
most  favorable  conditions  for  the  development  of  these  ores, 
to  some  further  examination  of  which  we  must  now  return. 

It  is  especially  worthy  of  note  that,  wherever  in  the  United 
States  the  Rocky  Mountains  or  Cordilleran  region  has  been 
traversed  by  railways,  mining,  and  paricularly  that  of  the  pre- 
cious metals,  has  immediately  followed.  It  appears  to  require 
only  facilities  of  transport  and  travel  to  initiate  important  min- 
ing enterprises  in  any  part  of  this  region.  The  building  of  the 
Canadian  Pacific  Railway  across  the  southern  part  of  British 
Columbia,  with  the  construction  of  other  railway  lines  in  the 
neighboring  states,  near  the  frontier  of  the  province,  have  al- 
ready begun  to  bring  about  the  same  result  in  this  new  region, 
which,  till  these  railways  were  completed,  had  remained  almost 
inaccessible.  It  had  long  before  been  resorted  to  by  a  few 
placer  miners  in  search  of  alluvial  gold,  and  their  efforts  were 
attended  with  some  success.  Silver-bearing  lead  ores  were 
also  found  to  occur  there,  but  under  the  circumstances  existing 
at  the  time  these  actually  possessed  no  economic  value.  It  was 
impossible  to  utilize  them. 

In  1886,  some  prospectors,  still  in  search  of  placer  gold  only, 
happened  to  camp  in  a  high  mountainous  region  which  has 
since  become  familiarly  known  as  Toad  Mountain,  and  one  of 
them,  in  seeking  for  lost  horses,  stumbled  on  an  outcrop  of 
ore,  of  which  he  brought  back  a  specimen.  This  specimen 
was  afterwards  submitted  to  assay,  and  the  results  were  such 
that  the  prospectors  returned  and  staked  out  claims  on  their 
discovery.    The  ore,   in  fact,   proved   to   contain  something   like 


BRITISH  COLUMBIA. 


$300  to  the  ton  in  silver,  with  a  large  percentage  of  copper  and 
a  little  gold. 

In  this  manner  what  is  now  known  as  the  "Silver  King" 
mine  was  discovered,  and,  as  a  consequence  of  its  discovery, 
the  entire  Kootanie  district,  in  which  it  is  situated,  began  to 
be  overrun  with  prospectors.  Hundreds  of  these  men,  with  ex- 
perience gained  in  the  neighboring  states  of  Montana  and 
Idaho,  as  well  as  others  from  different  parts  of  the  world, 
turned  their  attention  to  Kootanie.  The  result  has  been  that 
within  about  five  years  a  very  great  number  of  metalliferous 
deposits,  chiefly  silver  ores,  have  been  discovered,  and  claims 
taken  out  upon  them.  Several  growing  mining  centers  and 
little  towns  have  been  established;  roads,  trails,  and  bridges 
have  been  made,  steamers  have  been  placed  on  the  Kootanie 
Lake  and  on  the  Upper  Columbia  River,  and  a  short  line  of 
railway  has  been  built  between  the  lake  and  river  to  connect 
their  navigable  waters.  The  immediate  center  of  interest  in  re- 
gard to  mining  development  in  British  Columbia  has,  in  fact, 
for  the  time  being,  been  almost  entirely  changed  from  the  prin- 
cipal old  placer  mining  districts  to  the  new  discoveries  of  silver- 
bearing  veins. 

So  far  as  they  have  yet  been  examined  or  opened  up,  the 
metalliferous  deposits  of  the  Kootanie  district  give  every  evi- 
dence of  exceptional  value.  They  consist  chiefly  of  argentifer- 
ous galena,  holding  silver  to  the  value  of  from  $40  to  $50  to  sev- 
eral hundred  dollars  to  the  ton.  Nelson,  Hot  Springs,  Caslos- 
locan,  Illecillewaet,  and  Golden  are  at  present  the  principal 
recognized  centers  in  the  new  district,  but  it  would  be  rash 
as  yet  to  attempt  to  indicate  its  ultimate  limits. 

Though  much  has  already  been  done  in  the  Kootanie 
district,  two  principal  causes  have  tended  to  prevent  the  more 
rapid  growth  of  substantial  mining  up  to  the  present  time. 
The  first  of  these  is  the  difficulty  still  existing  in  respect  to  the 
local  transport  of  large  quantities  of  ores;  the  second,  the  ex- 
aggerated values  placed  by  discoverers  upon  their  claims. 
While  it  is  evidently  just  that  the  prospector  should  receive  an 
ample  remuneration  for  his  find,  it  is  to  be  noted  that  the  laws 
of  British  Columbia  are  so  liberal  that  he  (whatever  his  nation- 
ality) may,  at  a  cost  scarcely  more  than  nominal,  hold  and  es- 
tablish his  claim,  even  though  he  may  be  practically  without 
means    of    developing    it.    Such    development    in    all    cases    re- 


MINING  DIbCOVERIES. 


6» 


quires  the  expenditure  of  considerable  sums,  and  this  must  al- 
ways be  of  a  more  or  less  speculative  character,  while,  even  if 
thus  fully  proved,  it  becomes  further  necessary  to  incur  an  ad- 
ditional large  expenditure  in  plant  and  mactiinery  before  any 
property  reaches  the  status  of  a  going  concern.  Scarcely  an 
instance  can  be  quoted  anywhere  of  a  mine  which  has  paid  its 
own  way  from  the  "grass"  down,  but  almost  every  prospector 
is  fully  convinced  that  his  claim  is  precisely  of  this  kind. 

I  have  been  unable  to  say  anything  in  detail  in  regard  to 
the  actual  modes  of  occurrence  of  the  ores  now  being  brought 
to  light  in  the  Kootanie  district  and  their  geological  relations. 
Neither  is  it  practicable,  on  the  present  occasion,  to  pursue  in 
further  detail  the  history  or  description  of  other  districts  of  the 
province  in  which  more  or  less  good  work  of  a  preliminary 
kind  has  been  done  in  the  development  of  metalliferous  deposit* 
of  various  kinds.  Okanagan,  Kock  Creek,  Nicola,  Similkameen, 
the  North  Thompson,  and  Cayoosh  Creek  can  only  be  named. 
It  has  been  possible  merely  to  endeavor  to  indicate  in  broad 
lines  what  has  already  been  done  and  what  must  soon  follow. 
Within  a  few  years  this  province  of  Canada  will  undoubtedly 
hold  an  important  place  in  the  list  of  quotations  of  mining 
stocks  in  London  and  elsewhere,  and  then  the  further  develop- 
ment of  its  mines  will  become  a  subject  of  common  interest 
from  day  to  day. 

In  conclusion,  I  wish  to  draw  attention  to  one  or  two  ruling 
features  of  the  actual  situation  which  are  too  important  to  be 
left  without  mention: — 

The  Cordilleran  belt,  or  Rocky  Mountain  region  of  North 
America,  forming  the  wide  western  rim  of  the  continent,  has, 
whenever  it  has  been  adequately  examined,  proved  to  be  rich 
in  the  precious  metals  as  well  as  in  other  ores.  This  has  been 
the  case  in  Mexico  and  in  the  western  states  of  the  American 
Union.  Though  some  parts  of  this  ore-bearing  region  arc 
undoubtedly  richer  than  others,  generally  speaking  it  is  through- 
out a  metalliferous  country.  The  mining  of  placer  or  alluvial 
gold  deposits  has  in  most  cases  occurred  in  advance  of  railway 
construction;  but  this  industry  has  always  proved  to  be  more  or 
less  transitory  in  its  character,  and  has  almost  invariably  been 
an  indication  of  future  and  more  permanent  developments  of 
a  different  kind.  Placer  gold  mining  has,  in  fact,  often  been 
continued  for  years  and  then  abandoned,  long  before  the  gold 


i 


«r 


4Slo 


BRITISH  COLUMBIA. 


I' 


I  I 


and  stiver  bearing  veins  in  the  same  tract,  of  country  have  been 
discovered  and  opened  up.  This  latter  and  more  permanent 
phase  of  mining  has  followed  the  construction  of  railways  and 
roads,  and  the  series  of  conditions  thus  outlined  are  repeating 
themselves   in   British   Columbia  to-day. 

There  is  no  reason  whatever  to  believe  that  the  particular 
portions  of  British  Columbia  now  for  the  first  time  opened  to 
mining  by  means  of  the  Canadian  Pacific  Railway,  are  richer  in 
ores  than  other  parts  of  the  province.  Oh  the  contrary,  what 
has  already  been  said  of  the  Cariboo  district  affords  prima  facie 
evidence  of  an  opposite  character.  The  province  of  British 
Columbia  alone,  from  southeast  to  northwest,  includes  a  length 
of  over  800  miles  of  the  Cordilleran  region;  and,  adding  to  this 
the  further  extension  of  the  same  region  comprised  within  the 
boundaries  of  the  Dominion  of  Canada  as  a  whole,  its  entire 
length  in  Canada  is  between  1,200  and  1,300  miles.  This  is 
almost  identical  with  the  whole  length  of  the  same  region  con- 
tained within  the  United  States,  from  the  southern  boundary 
with  Mexico  to  the  northern  with  Canada. 

Circumstances  have  favored  the  development  of  the  mines 
of  the  Western  States  of  the  Union,  but  it  is,  as  nearly  as  may 
be,  certain,  that  the  northern  half  of  the  similar  region  will 
eventually  prove  equal  in  richness  to  the  southern,  and  that 
when  the  mines  of  these  Western  States  may  have  passed  their 
zenith  of  productiveness,  those  of  the  north  will  be  still  increas- 
ing in  this  respect.  The  explorations  of  the  Geological  Sur- 
vey of  Canada  have  already  resulted  in  placing  on  record  the 
occurrence  of  rich  ores  of  gold  and  silver  in  various  places  scat- 
tered along  the  entire  length  of  the  Cordilleran  region  in  Can- 
ada, and  though  so  far  we  have  to  chronicle  only  an  awakening 
of  interest  in  the  southern  part  of  British  Columbia,  these  dis- 
coveries stand  as  indications  and  incentives  to  further  enter- 
prise to  the  north. 

While  the  remote  and  impracticable  character  of  much  of  this 
northern  country  places  certain  obstacles  in  the  way  of  its  de- 
velopment, on  the  other  hand  the  local  abundance  of  timber 
and  water  power  in  it  afford  facilities  unknown  in  the  south, 
which  will  be  of  importance  whenever  mining  operations  have 
actually  been   set  on  foot. 

No  attempt  has  been  made  in  this  brief  sketch  of  the  mineral 
wealth  of  British  Columbia  to  enumerate  the  various  ores  and 


MINING  DISCOVERIES. 


641 


been 

inent 

and 

ating 

icular 
ed  to 
ler  in 

what 
I  facie 
British 
length 
to  this 
in  the 

entire 
rhis  is 
>n  con- 
lundary 


of  this 
its  de- 
timber 
south, 
have 


minerals  which  have  so  far  been  found  within  the  limits  of  the 
province  in  any  systematic  manner.  Nothing  has  been  said 
of  the  large  deposits  of  iron,  from  some  of  which  a  certain 
amount  of  ore  has  already  been  produced,  and  which  wait  to 
realize  their  true  importance,  merely  the  circumstances  which 
would  render  their  working  on  a  large  scale  remunerative. 
Copper  ores  have  also  been  discovered  in  many  places.  Mer- 
cury, in  the  form  of  cinnabar,  promises  to  be  of  value  in  the 
near  future,  and  iron  pyrites,  plumbago,  mica,  asbestos,  and 
other  useful  minerals  are  also  known  to  occur.  In  late  years 
platinum  has  been  obtained  in  alluvial  mines  in  British  Co* 
lumbia  in  such  considerable  quantity  as  to  exceed  the  product 
of  this  metal  from  any  other  part  of  North  America. 

While,  therefore,  the  more  important  products  of  this  west- 
ern mountain  region  of  Canada  are,  and  seem  likely  to  be,  gold, 
silver,  and  coal,  its  known  minerals  are  already  so  varied  that, 
as  it  becomes  more  fully  explored,  it  seems  probable  that  few 
minerals  or  ores  of  value  will  be  found  altogether  wanting. 

Respecting  the  immediate  future  of  mining,  which  is  the 
point  to  which  attention  is  particularly  called  at  the  present 
time,  it  may  be  stated  that  coal  mining  rests  already  on  a  sub- 
stantial basis  of  continued  and  increasing  prosperity;  while  the 
work  now  actually  in  progress,  particularly  in  the  southern 
part  of  the  province,  appears  to  indicate  that,  following  the 
large  output  of  placer  gold,  and  exceeding  this  in  amount  and 
in  permanence,  will  be  the  development  of  silver  mines,  with 
lead  and  copper  as  accessory  products.  The  developments  of 
these  mining  industries  will  undoubtedly  be  followed  by  that 
of  auriferous  quartz  reefs,  in  various  parts  of  the  province,  while 
all  these  mining  enterprises  must  react  upon  and  stimulate  agri- 
culture and  trade  in  their  various  branches. 

Because  a  mountainous  country,  and  till  of  late  a  very  re- 
mote one,  the  development  of  the  resources  of  British  Colum- 
bia has  heretofore  been  slow,  but  the  preliminary  difficulties 
having  been  overcome,  it  is  now,  there  is  every  reason  to  be- 
lieve, on  the  verge  of  an  era  of  prosperity  and  expansion  of 
which  it  is  yet  difficult  to  foresee  the  amount  or  the  end. 


Imineral 

and 


res 


M 


41 


MINING  INFORMATION. 


I 


The  Mining  and  Scientific  Press  tells  editorially  how  a  ten- 
derfoot should  hunt  for  gold. 

The  first  thing  that  an  inexperienced  miner  going  to  the 
Yukon  should  do  is  to  visit  the  State  Mining  Bureau  museum 
and  acquire  as  far  as  possible  an  acquaintance  with  the  appear* 
ance  of  the  commoner  varieties  of  the  rocks.  He  should  so 
familiarize  himself  as  to  be  able  to  recognize  granite,  sand* 
stone,  limestone,  slate,  serpentine,  schist,  diorite,  diabase,  talc, 
trap,  dolerite,  dolomite  and  porphyry.  It  is  not  anticipated 
that  he  could  become  infallible  in  recognizing  these  rocks,  but 
he  should  be  able  to  successfully  recognize  them  in  the  major- 
ity of  instances.  The  ability  to  recognize  gold,  mica,  pyrite, 
chalcopyrite  and  galena  is  also  advantageous. 

On  the  ground,  and  presuming  all  the  possible  ground  of  the 
Klondyke  placers  already  appropriated,  the  attention  of  the 
miner  should  be  first  given  to  unproven  possible  ground  in  the 
valleys  of  streams  adjacent  to  those  in  which  gold  has  already 
been  found,  and  to  the  valk.  of  streams  which  head  in  the 
same  hills  or  mountains  as  do  these  known  gold-bearing  streams. 
It  is  possible  for  the  lode  system  which  has  enriched  one  stream 
to  have  been  cut  by  the  drainage  basin  of  another,  so  that  tt 
has  enriched  them  as  well.  In  the  Yukon,  as  elsewhere,  the 
mountain  uplifts  have  resulted  in  forming  fissured  and  frac- 
tured zones  in  the  rocks  which  have  filled  with  the  gold  ores, 
These,  if  on  one  side  of  a  mountain,  are  apt  to  be  duplicated 
on  the  other,  and.  though  neither  can  be  seen,  both  can  be  in- 
ferred from  the  discovery  of  gold  on  one  side  of  the  drainage. 
It  is  justified  to  look  for  gold  on  the  other  side  as  well. 

As  an  additional  guide  the  gravel  rock  fragments  in  the  gold- 
bearing  stream  shoitld  be  compared  with  that  being  prospected. 
If  the  two  contain  identical  rocks,  and  particularly  if  they  both 
contain  quart?,  diorite,  diabase  or  porphyry  pebbles,  it  is  worth 
the  chance  to  extend  the  prospecting,  even  if  the  first  efforts 
disclose  no  gold.  When  gold  is  found  in  several  claims  in  the 
s.ime  valley  the  direction  of  the  line  of  deposit  should  be  noted 
and  the  first  prospecting  should  be  done  in  that  line  as  being 
the  most  probable  one  for  the  placer.  The  gold  produced  by 
the  several  claims  going  up  stream  should  be  compared  both  in 

(642) 


MINING    INFORMATION. 


643 


a  teii" 

0  the 
iiseum 
.ppcar- 
iild  so 
sand* 
J,  talc, 
sipated 
ts,  but 
major- 
pyrite, 

of  the 
of     the 
in  the 
already 
in   the 
treams. 
stream 
that  it 
ire,    the 
frac- 
ores. 
licated 
be  in- 
inage. 

gold- 
)ected. 
both 
worth 
lefForts 
lin  the 
noted 
beiti? 
ted  by 
loth  lit 


totdl  quantity  and  size  of  Rrains.  With  the  data  of  this  com- 
parison it  is  possible  to  reason  out  the  locus  of  the  richest 
ground,  and  also  to  know  when  the  lo'de  source  of  the  gold 
IS   being  approached. 

Coarse  gold,  gold  with  attached  quartz  fragments  and  rough 
gold  all  indicate  that  the  source  is  comparatively  close  at  hand 
—that  a  point  is  being  reached  beyond  which  there  will  be  no 
placer.  The  Russians,  in  their  mining  of  the  Siberian  placers, 
failed  generally  to  recognize  the  lode  sources  of  the  gold,  and 
in  many  instances  carried  their  prospecting  for  placers  miles  up 
stream  beyond  the  lodes  from  which  the  gold  came.  There  is 
no  reason  for  American  miners  making  the  same  mistake.  An- 
other indication  of  nearness  to  lodes,  is  the  presence  of  rough 
fragments  of  pyrite,  chalcopyrite  or  galena.  Even  if  these  last 
do  not  lead  to  gold-bearing  lodes,  they  may  lead  to  valuable 
lodes  of  copper  or  lead. 

Generally  anything  heavy  that  is  found  in  the  mining  should 
be  determined.  Silver,  quicksilver,  tin,  and  nickel  ores  and 
platinum  are  all  worth  considering,  even  in  Alaska.  The  pos- 
sibility of  their  occurrence  should  not  be  lost  sight  of,  the  more 
particularly  as  their  discovery  is  only  to  be  made  by  following 
up  the  stream  indications.  The  covering  of  snow  over  the  sur- 
face for  seven  months  of  the  year,  the  coveriTi!<  of  moss  for  the 
other  five  months,  precludes  the  possibility  of  prospecting  by 
the   ordinary   surface  methods. 

Where  it  is  necessary  to  prospect  without  the  guide  of  dis- 
coveries already  made  adjacent,  almost  total  dependence  must 
be  placed  on  the  character  of  the  pebbles  in  the  gravels  uncov- 
ered in  prospecting.  If  much  quartz  be  found,  even  though 
no  gold  at  first,  it  is  advisable  to  cover  the  possible  ground 
for  a  placer  pretty  thoroughly  before  abandoning  it  finally. 

As  a  general  proposition  it  will  prove  very  advantageous  for 
a  dozen  or  more  miners  to  co-operate  in  making  a  systematic 
exploration  of  unknown  ground.  Work  can  be  done  cheaper, 
faster,  and  surer  than  by  the  same  men  acting  independently. 
Co-operation  admits  of  increasing  the  tool  outfit  by  a  black- 
smith shop  and  drill  outfit.  Powder  can  be  used  and  the  pros- 
pect holes  sunk  through  the  frozen  ground  much  faster  than 
by  fire. 

Prospecting  can  be  spread  over  a  much  larger  area  by  co- 
operation than  by  the  same  men  each  acting  for  himself.    Co- 


f  il. 


if' 


til 


'H 


:f» 


^i 


..» 


',r' 


'4\ 


H 


/ ". 


iPii 


^  *  < 


«44 


MINING    INFORMATION. 


operating,  once  the  gold  lead  is  found,  the  whole  company  are 
in  a  position  to  intelligently  secure  a  valuable  claim  for  each 
member  and  to  get  the  claims  so  connected  that  they  can  be 
economically  exploited  as  one  property.  It  must  be  remem- 
bered that  the  present  cumbersome  method  of  exploitation  will 
toon  be  replaced  by  quicker  and  better  ones,  admitting  of  the 
profitcble  working  of  the  ground  now  left  unworked,  and  dis- 
tinctly advantageous  to  large  claims,  compared  with  small  ones. 
For  practical  methods  of  placer  mining  see  Wm.  Oglevie's 
reports  ante  page  590. 


HOW   TO   TEST   MINERALS. 

LEAD. — Take  a  small  quantity  of  powdered  ore,  about  as 
much  as  will  remain  on  the  end  of  a  penknife.  Mix  this  with 
a  pinch  of  carbonate  of  soda  into  a  paste.  Place  in  the  small 
hole  in  the  charcoal,  turn  on  the  flame  of  the  blowpipe,  and 
fuse  in  the  inner  flame.  A  yellow  incrustation  with  a  metal- 
lic button  of  lead  will  result. 

ANTIMONY. — Proceed  iu  the  same  manner  as  directed  for 
the  lead  test,  using  the  inner  flame.  A  white  incrustation  with 
a  brittle  button  of  antimony  will  be  the  product. 

ZINC— Take  the  powdered  ore  and  make  a  paste  with  the 
carbonate  of  soda.  Fuse,  cool,  and  moisten  the  incrustation 
with  a  drop  of  nitrate  of  cobalt.  Heat  with  the  blowpipe  again 
in  the  outer  flame.  If  a  green  color  is  produced,  zinc  is  pres- 
ent. 

COPPER. — Mix  a  small  quantity  of  the  ore  and  carbonate 
of  soda  into  a  paste  and  fuse  this  in  the  inner  flame.  Scrape 
it  from  the  charcoal  with  a  knife,  and  rub  it  in  a  mortar  with 
a  little  water.  Pour  this  into  a  tube,  and  after  it  has  settled 
pour  off  the  water.      If  there  is  copper,  red  scales  will  be  seen. 

ARSENIC. — Heat  in  the  inner  flame  of  the  blowpipe  any 
compound   of  arsenic  and   it   will   give  off  an  odor  of   garlic. 

TIN. — Mix  a  small  quantity  of  the  powdered  ore  with  a 
small  quantity  of  cyanide  of  potash  and  water.  Fuse  on  the 
charcoal.  This  will  reduce  the  substance  to  metallic  globules 
of  tin. 

SILVER. — Make  a  paste  of  the  ore  and  soda.  Add  a  small 
piece  of  metallic  lead;  fuse  this  into  a  button,  and  then  cool. 
Make  a  second  paste  of  bone  ash  and  water  mixed  to  an  even 


"OW  TO  TEST  MINERALS. 


consistency.    After    it    has    h,  *^* 

li  **"  ,^'°P»  o'  nitric  acid    fhfn  ^     ''^  '"  *»  «'«»«  test  tibe 
>t  has  dissolved        t*  *i.        '.   "*"  *^«at  over  a  smVit  u  ' 

"•ir„r\-   """''•"''•=■""•= 

quantity  of  carbonate  ^^^H  '^"''"*'*^  °'  *»^«  ore  and  th. 
charcoal  .„d  Partially  0*^1™". "J?"""]:  "'  "<'»"''«<'  or.  „„  ,h, 

ALUMINUM._P,„  "^"  '"'  P"'""  <"  mag„„i..        """■ 
LIME.-M'h,„   pulvemcd    .!i  Presence  of  aluminura 

-™Sra°o\«rs:,vn«--=  -  —  ore  o„ 
quantity  of  alcohol  ..,j      J    .     "    *"'™    water     ahj  " 

sulphur"-'"  ~'°''-  "'"  •"  ' 

BISMUTa-Ma:-"a"-"  ""  ='^"  "Vc'c""  '"'   "■""   "'■"• 
ionate  of  s„da.       F„'      or?   "'   ""   P<»«"«<i   or.   and 

if  oK     :  ,         "  current  of  air       t  "*^  ^^^  >n  meltinir 

't  about  half  full   «/  u  -^^^^e  a  clean  ir««        '"c'nngr 

»Poon   from    the   fir.       T'  ^"^  '««  th.  „'  ",        p  "'°°"-  «» 

'irir  ^^-  "°'^""  wi?,  :5:erhr?^-  ^™'™wn' 

CrOMX-'uKra  cea  ^  ""''"'" 

;---of.daand^nit:e"r:r-Th.-,:-r 


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MINING   INFORMATION. 


OUTFIT  NECESSARY  FOR  THE  FOREGOING  TESTS. 
— One  blowpipe,  one  spirit  lamp,  half  dozen  glass  test  tubes, 
four  ounces  of  carbonate  of  soda,  two  ounces  of  borax,  two- 
ounce  bottle  of  nitric  acid,  two-ounce  bottle  of  sulphuric  acid, 
two-ounce  bottle  of  muriatic  acid,  live-ownce  bottle  of  ammonia, 
six-ounce  bottle  of  alcohol,  one  ounce  of  nitrate  of  cubalt 
in  solation,  one  ounce  of  sulpho-cyanate  of  potash,  half  ounce 
yellow  prussiate  of  potash,  half  ounce  red  prussiate  of  potash, 
one   sheet  filtering  paper. 

GOLD. — Powder;  roast  if  sulphurets  are  present;  grind  very 
fine  and  wash  in  pan  or  spoon;  examine  with  lens;  yellow  par- 
ticles not  soluble  in  nitric  acid.  The  color  of  pure  gold  is 
bright  yellow,  tinged  with  red.  Gold  may  be  distinguished 
from  all  other  metals  or  alloys  by  the  following  simple  traits: 
It  is  yellow,  malleable,  not  acted  on  by  nitric  acid. 

SILVER. — Pure  silver  is  the  brightest  of  metals,  of  a  beau- 
tiful white  color,  and  rich  luster. 

CHLORIDE  OF  SILVER.— If  suspected  in  a  pulp,  harshly 
rub  a  bright  and  wet  copper  cartridge  thereon.  If  a  chloride 
or  chloride-bromide  of  silver,  it  will  whiten  the  copper.  Graph- 
ite   will    thus   whiten   copper   or   gold,    but    can    be   rubbed    off. 

COPPER. — After  roasting  pulp,  intimately  mix  and  well 
Icnead  with  a  like  quantity  of  salt  and  candle  grease,  or  any 
other  fat,  and  cast  into  the  fire,  when  the  characteristic  colors 
— first  blue,  then  green — will  appear.  This  copper  test  is  best 
made  at  night. 

GALENA. — Black  zinc-blende  is  often  mistaken  for  galena. 
The  two  may  be  distinguished  by  this  infallible  sign:  the  pow- 
•der  of  galena  is  black;  that  of  blende,  brown  or  yellow. 


MINING  TERMS. 

Absolute  Temperature— T-^mperature    reckoned    from    —459**    Fall.. 

-273°  c. 
Adverse — To  oppose  the  granting  of  a  patent  to  a  m  ning  claim. 
Aerophone — A  respirator  in  the  form  of  a  tank  receiving  the  ex- 

halatiors  from  the  lungs,  which  contains  chemicals  designed 

to  revive  the  air  and   render  it  fit   for  re-breathing.       Used 

by  rescuers  after  mine  accidents. 
-After-damp — An  irrespirable  gas  remaining  after  an  explosion  of 

fire-damp. 
j\ir-shaft— A   shaft   for   ventilation. 


MINING  TERMS. 


647 


STS. 

ubes, 
two- 
acid, 

aonia, 

cobalt 

ounce 

>otash, 

d  very 
w  par- 

rold   is 

ruished 

traits : 

a  beau- 

harshly 
chloride 
Graph- 


b 


ed   off. 
nd    well 
or  any 
colors 
is  best 

galena, 
he  pow- 


f>    Fab.-. 

Ig  claim. 
the  ex- 

lesij?ned 
Used 


losion 


of 


Aliaceous — The  odor  of  garlic;  given  oflf  by  mispickel. 

Amalgam  —  The  mechanical  combination  of  quicksilver  with 
gold  or  silver. 

Anemometer — An  appliance  for  measuring  the  velocity  of  an  air 
current.  . 

Anorthite — Lime  feldspar. 

Anticlinal — A  fold  of  the  rock  or  strata,  convex  upward.  The 
opposite  of  synclical. 

Apex — The  top  or  highest  part  of  a  vein. 

Arch — A  part  of  the  gangue  left  standing  for  support. 

Arenaceous — Sandy;   applied  to  rocks. 

Argentiferous— Silver-bearing. 

Argillaceous — Containing  clay.      The  odor  of  wet  clay. 

Artesian  Wells — Holes  bored  through  solid  strata  and  often 
overflowing. 

Ascension — The  theory  that  the  matter  filling  fissures  was  in- 
troduced below. 

Assay — A  test  of  mineral  to  determine  quality   or  quantity. 

Assay  Ton — A  weight  used  by  assayers  containing  29,166  milli- 
grams. As  a  ton  of  2,000  pounds  of  ore  contains  29,166  troy 
ounces,  it  follows  that  each  milligram  in  the  assay  button 
equals  one  ounce  of  metal  to  the  ton  of  ore. 

Assessment — Percentage  levied  on  the  capital  stock  of  a  com- 
pany; annual  work  required  by  law  on  a  mining  claim. 

Attle — Waste  rock.     (Cornish.) 

Auriferous — Gold-bearing. 

Azoic — Without  life. 

B.ack — The  r')of  of  a  drift,   stope  or  other  vrorking. 

Bal — A   mine.     (Cornish.) 

Balance-bob — A  heavy  triangular  truss,  the  long  horizontal  arm 
of  which  supports  a  weight  at  one  end  ballasted  to  balance 
the  weight  of  pump-rods  at  the  other. 

Barrier  Pillars — Pillars  larger  than  the  ordinary,  left  at  stated 
intervals  to  prevent  the  crushing  of  the  roof  from  extending 
beyond   the  section  inclosed   by  them. 

Bar  Timbering — A  system  of  suj)porting  a  tunnel  roof  by  long 
top  bars  while  the  whole  lower  tunnel-core  is  taken  out,  leav- 
ing an  open  space  for  the  masons  to  run  up  the  arching. 
Under  certain  conditions  the  bars  are  withdrawn  after  the 
masonry  is  completed,  otherwise  they  are  bricked  in  and 
not    drawn. 


I'ln 


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h 


648 


MINING    INFORMATION. 


!     8 


Base  Bullion — Lead  combined  with  other  metals  after  smelt- 
ing cast  in  an  ingot. 

Base  Metals— All  met.ils  except  gold,  silver,  mercury  and  the 
platinum  group,  which  are  termed  noble  metals. 

Battery — Generally  applied  to  a  set  of  five  stamps. 

Bearlng-up  Stop— A  partition  of  brattice  or  plank  that  serves 
to  conduct  air  to  a  face. 

Bed — A  horizontal  seam  or  deposit  of  ore. 

Bed  Rock — Solid  rock  outcropping  at  surface  or  underlying  al- 
luvial and  other  surface  formations. 

Belt— A  range  of  metal-bearing  rocks. 

Bench — Used  to  express  the  artificial  divisions  in  the  process 
of  mining;  also  a  terrace  at  the  outcrop  of  a  seam. 

Bitter  Spar — Crystal  dolomite. 

Black-damp — Carbonic  acid  gas. 

Black  Jack — Zinc-blende.       Zinc  sulphide. 

Blankets — Blankets,  carpets  and  other  fibrous  material  used  for 
catching  precious  mineral  in  a  wet  process. 

Blast — The  operation  of  forcing  air  by  blowing.  Rending 
rock  by  explosives. 

Blende — An  ore  of  zinc,  consisting  of  zinc  and  sulphur. 

Blind  Drift — A  horizontal  passage  in  a  mine  not  yet  connected 
with   other  workings. 

Blind   Lode — A  vein  without  an  outcrop. 

Blossom  Rock — Outcrop  of  a  vein  indicating  presence  of  min- 
eral  (Gossan),    (Iron  Hat). 

Blow  Out — A  spreading  outcrop. 

Blower — A  discharge  of  gas  from  coal ;  also  a  fan  for  forcing 
air  into  a  mine. 

Bonanza — A   large  body  of  paying  ore. 

Booming — A  kind  of  placer  mine  where  the  water  is  accumu- 
lated in  a  dam  and  let  out  at  intervals,  so  as  to  use  its  cut- 
ting power  in  the  form   of  a  torrent. 

Boom  Ditch — The  ditch  from  the  dam  used  in  booming.  (2) 
A  slight  channel  cut  down  a  declivity  into  which  is  let  a 
sudden  head  of  water  intended  to  cut  to  bed-rock  and  pros- 
pect for  the  apex  on  underlying  lode. 

Borraska — Reverse   of   bonanza.    Out   of   pay. 

Brace — The  collar  at  the  mouth  of  the  shaft. 

Brattice — A  canvas  or  plank  partition,  nailed  to  posts  longitu- 
dinally, within  a  level  or  shaft  to  divide  the  same  into  two 
compartments  for  the  purpose  of  separating  two  air  currents. 


MINING  TERMS. 


649 


Break-through — Narrow  passage  cut  through  a  pillar  connect- 
ing rooms. 

Breast — The  heading  of  a  drift,  tunnel  or  other  horizontal  work- 
ing. 

Breasting  Ore — The  ore  taken  from  the  face  or  end  of  a  tunneU 
drift  or  stope. 

Breccia — A  conglomerate  of  angular  fragments. 

Brittle  Silver — Stepanite.  A  sulphide  of  antimony  and  silver 
containing  68.5   per   cent   silver,   with   the   antimony   variable. 

Sometimes  contains  iron,  copper  and  arsenic;  variable  in  color, 
hardness  and  specific  gravity. 

Broaching — Trimming   or   strengthening   a   working. 

Buddie — The  tub  or  machine  used  to  wash  slimes  and  separate 
the  gangue  from  the  mineral. 

Buddling — Separating  gangue   from   mineral   by  washing. 

Bulling  Bar— An  iron  bar  used  to  pound  clay  into  the  crevices 
crossing  a  bore  hole,  which  is  thus  rendered  gas-tight. 

Bullion — Ingots  of  gold  or  silver  ready  for  the  mint. 

Bunch — A  rich  pocket  of  ore. 

Buntons — Timbers  placed  horizontally  across  a  shaft.  They 
serve  to  brace  the  wall  plates  of  the  shaft  lining,  and  also, 
by  means  of  planks  nailed  to  them,  to  form  separate  com- 
partments for  hoisting  or  ladder-ways. 

Bumping-table — A  concentrating  table  with  a  jolting  motion. 

Button — The  globule  of  metal,  the  result  of  an  assay. 

Cache — A  place  where  a  prospector's  provision  or  outfit  is 
buried   or  hidden.    (French.) 

Cage — A  mine  elevator.    The  frame  to  hold  the  bucket  or  car. 

Calamine — An  ore   of  zinc.    Lapis   Calaminaris. 

Cam — The  curved  arm  which  raises  the  stamp  in  a  mill. 

Canon — A  narrow  valley;  termed  box  canon  when  the  sides  are 
perpendicular.     (Spanish)    Pronounced    cartyon. 

Cap — A  vein  is  in  the  "cap"  when  it  is  much  contracted,  or  of 
no  value. 

Cap  Rock — The  rock  overlying  the  ore  or  vein. 

Carbonate — Applied   to  oxides,   when  carbonic  acid   is   united. 

Carbonates — Ore  containing  a  'considerable  proportion  of  car- 
bonate of  lead,  often  rich  in  silver.  Soft  carbonates  have 
lead  for  a  base.  Hard  carbonates  have  iron  for  a  base — an 
ore  of  lead  and  silver. 

Casing — The  tubing  of  a  well-hole  to  prevent  caving.  Th^ 
sheathing  or  parting  between   the  wall  and  vein. 


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MINING    INFORMATION. 


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Cement — Gold-bearing  gravel   united  and  hardened  into  a  com« 

pact  mass. 
Chaffee  Work — A  local  term  (or  annual  labor. 
-Chain  Pillar— An  untouched  block  of  mineral  on  either  side  of 

the  gangway. 
Cheek — The  side  wall  of  a  vein. 
Chimney — The     richer    parts    in     lodes    as     distinguished     from 

poorer   ones,    when    found    pipe   shape    with    general    perpen- 
dicular position. 
Chlorider — One    who    extracts    ore    from    mines    by    agreement 

with   the   owners,   paying   royalty   for   the   privilege,    but   has 

no  lease. 
Chlorides — A  common  term  applied  to  ores  containing  chloride 

of   silver.     Compounds   of  chlorine   with   other   elements. 
Choke-damp — Carbonic   acid   gas. 
Chute    (or   Shute)— A   body   of  ore,   usually   of   elongated   form, 

extending  downward  within  a  vein;  a  slide  for  ore  or  waste 

rock. 
Cinnabar — Sulphide   of   mercury. 
Claim — Space  of  ground  located  and  worked  under  the  mining 

laws. 
Clastic — Fragmental.    When  a  rock  is  composed  of  pieces. 
Clean-up — Collecting  a   valuable    product   of   a   given   period   of 

operation  in  a  stamp  mill  or  placer. 
Cleat — A   joint   produced    by   the   natural   tendency   of  coal   or 

rock  to  cleave  or  split  in  a  certain  direction  not  parallel  to 

the  plane  of  bedding. 
Cleavage — The   property   of   splitting   more  or   less   regularly   in 

certain   definite   directions. 
Coaster — One  who  picks  ore  from  the  dump  or  gleans  in  aban- 
doned mines  for  ore. 
Cobbing — Breaking   ore    for    sorting. 
Collar — Top  of  shaft  or  winze. 
Color — A    particle    of    metallic    gold    found    in    the    prospector's 

pan  or  horn  after  washing  earth  or  pulveriztd  rock. 
Column-pipe — The   line   of  pipe  through  which   the   mine  water 

is  pumped. 
Concentrates— Mineral  from   which  gangue  and  dirt  have  been 

removed. 
Concentration— The  removal  by  mechanical  means  of  ore  from 

the  gangue  or  slime. 


MINING  TERMS. 


651 


Concentrator— A  machine  for  removing  waste  matter  from  min- 
eral. 

Contact — A  junction  of  two  kinds  of  rock,  such  as  lime  and 
porphyry. 

Contact  Vein — A  vein  between  two  dissimilar  rock  masses,  sep- 
arating  the   two   formations. 

Cord — A  cord  of  ore  weighs  about  8  tons. 

Counter-*-A  cross-vein. 

Copper — A  metallic  element:  red;  fusing  point,  1,996  degrees 
Fahr.    Symbol    Cu.    Atomic     weight     63.5.    Specific     gravity 

8.9.  • 

Copper-plates — Plates   of   copper   coated   with    quicksilver,    upon 

which   the   gold   is  caught   as   the   ore   is    washed    from   the 

stamps. 
Counter   Balance — Corinterpoisc — A  weight   used   to   balance   an- 
other  weight   or   the   vibrating   parts   of    machinery. 
Country — The   ground   traversed   by   a   vein. 
Country    Rock — The   rock    beyond   the     sides    of   a    lode.    The 

strata  between  or  across  which  the  lode   is   found. 
Course    of   Vein — Its    strike.    The    horizontal    line   on    which    it 

cuts   the   country   rock. 
Coyoting — Spasmodic    irregular    surface    mining. 
Cradle — A   rocker.    A   short   trough   for   washing   gold. 
Crab— An    iron   windlass   for   moving   heavy   weights. 
Creep — The   crushing   in   of  the   top   or   side  rock,    resulting   in 

the  floor  rising   and  gradual   closing   of   an   opening. 
Crevice — Fissure,   split  or  crack;   a  vein  is   called  a  crevice. 
Crib — A  framework   built   like  a   log   cabin.     It   may   be   a  mere 

pillar  afterwards  filled  with  rock,  or  it  may  be  the  lining  of 

a  mill-hole  or  shaft. 
Cribbing — The   timbers    used    to    confine    wall-rock.    The    lining 

of  a  shaft. 
Cropping-out — Mineral    or   rock    rising   to    the    surface. 
Cross  Course — An  intersecting  vein. 
Cross  Cut — A  level  driven  across  the  course  of  a  vein. 
Cross  Vein — An  intersecting  vein. 
Cupriferous — Copper  bearing. 
Curb — A  timber  frame  intended  as  a  support  or  foundation  fcr 

the  lining  of  a  shaft. 
Cut — Where   a   vein   is   intersected,   crossed   or  divided. 
Cyanide — A    compound    of    cyanogan    with    metal. 


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MINING    INFORMATION. 


Dam— A  bulkhead. 

Day    Shift — The   gang   of    miners    working   during    the    daytime. 

Night  shift,  working  nights. 
Dead  Quartz — Quartz  carrying  no   mineral. 
Dead  Riches — Base  bullion. 
Dead  Work— Work  that  is  not  directly  productive,  as  opening 

up  a  mine. 
Debris — Fragments  of   rock;    mine   refuse.  % 

Deep — The  lower  portion  of  a  vein. 
Denouncement— The   Mexican  and   Spanish   equivalent   to   "Lo- 

cation^nd  Record"  of  a  claim. 
Deposit — Ore  bodies  not  confined  to  a  lode. 
Descension — The    theory    that    the    material    filling    veins    came 

in   from  above. 
Diggings— Name   applied    to    placers    being   worked. 
Dike — A  fissure  made  and  filled  by  plutonic  action.    Its  rock  is 

most  commonly  porphyry.    It   is  often   barren,   but  in   some 

cases   mineralized,    or   may   carry   a   mineralized   selvage   and 

so  appear  as  the  wall  of  a  lode. 
Divide — Any    continuous   range    of    mountains    from    which    the 

streams   flow   in   opposite   directions.    The   Rocky   Mountains 

are  called  The  Great  Divide. 
Diluvium — A  surface  deposit  of  sand,  gravel   or  loam. 
Dip — The  slope  or  pitch  of  a  vein  or  mine,  with  regard  to  the 

plane  of  the  horizon. 
Ditch — An  artificial  water  course  dug  in  the  earth;  a  flume  or 

canal. 
Divining  Rod — A  stick  of  witch  hazel  or  other  like  device  used 

in  prospecting  for  lodes. 
Down-cast — A   ventilating  shaft  with  descending  current   of  air. 
Druse — A  cavity   lined   with   crystals. 
Drag — The    point    of    union    of   two    veins    which    meet    without 

intersecting. 
Drift — A  tunnel :    a   horizontal   passage   underground,    driven   on 

or  along  t^ic  vein. 
Driving — Extending    excavations   horizontally. 
Drum — The   cylinder   on    which   the   hoisting   cable   is   wound. 
Dump — A  place  of   deposit   for  ore   or  refuse. 
Dumb-drift — A   gallery  which   conducts  the  air  around  a  venti- 
lating furnace  to  the  upcast  shaft. 
Dyke — A   wall-like   mass   of  mineral   foreign   to   the   general  for- 
mation. 


MINING  TERMS. 


653 


tnd. 
Iventi- 
ll  for- 


Eivan  Course— A  plutonic  dyke. 

Erosion — The  act  of  being  gradually  worn  away.  Thus  valleys 
are  made  by  running  water. 

Escrow— A  conditional   deed   delivered   to   a   third   person. 

Exploder — A  chemical  employed  for  the  instantaneous  explo- 
sion of  powder. 

Exploitation — Working  of  a  mine;  amount  of  work  done. 

Eye — The  hole  in  a  pick  or  hammer  head  for  receiving  the 
handle.    The  top  of  a  shaft. 

Face — The  end  of  a  drift,  tunnel  or  slope. 

Fathom — Six  feet  square;  a  fathom  of  ore  is  six  feet  long,  six 
feet  high,  the  width  of  the  vein. 

Fault — The  displacement  of  a  stratum  or  vein  so  that  they  are 
not  continuous. 

Feeder — A  small  vein  joining  a  larger  one. 

Feldspar — A  vitreous  crystalline  constituent  of  granite,  gneiss, 
porphyry   and   many  other  rocks. 

Ferruginous — Relating  to  iron. 

Fire-damp — A  carburetted  hydrogen  gas,  inflammable  and  spe- 
cifically lighter  than  air. 

Fire  Setting — The  process  of  exposing  very  hard  rock  to  in- 
tense heat,   rendering  it  thereby  easier  of  breaking  down. 

Fissure  Vein — A  crack  or  cleft  in  the  earth's  crust  filled  with 
mineral  matter,  both  walls  having  sarae  geological  forma- 
tion. 

Float — Loose  ore  or  rock  detached  from  the  original  formation 
and  found  below  it. 

Float  Gold — Fine  particles  of  gold  tiuTicult  to  precipitate  or 
amalgamate. 

Flour  Gold — Gold  in  a  very  fine  state  of  division;  difficult  to 
save   by  ordinary  milling   processes. 

Flookan — A    soft    decomposed    cross-course. 

Floor — The  rock  underlying  a  horizontal  vein  or  deposit;  the 
stratum  below  a  mineral  bed. 

Flume — A  pipe  or  trough  to  convey  water. 

Flux — Substance  used  to  promote  the  fusion  of  ores. 

FoDtwall — Layer   of   rock    immediately    beneath    the   vein. 

Forfeiture — A  failure  to  comply  with  the  laws  prescribing  the 
quantity  of  work. 

Formation — A  term  applied  to  the  country  rock  traversed  by 
veins. 


^54 


MINING    INFORMATION. 


Free — A  term  employed  in  speaking  of  metals  in  ores,   as  free 
milling   gold  or   silver  ores. 

Free  Gold — Gold  uncombined  with  other  substances. 

Free   Milling — Ores   containing  mineral   that  will   separate  from 
the  gangue  by  simple  methods. 

Free   Silver — Silver   uncombined   with   other   substances. 

Freestone — Sandstone   easily   dressed. 

Fuse — A  tube,   ribbon   or   wire  filled  or   saturated  with  a  com- 
bustible  compound,  used  for  exploding   powder. 

Fusion — The    state    of    melting. 

Gad — A  small  pointed  wedge. 

Galena — Lead  ore;   sulphur  and  lead. 

Gallery— A  level  or  drift;  applied   chiefly  to  collieries.    A  level 
from  which  the  ore  has  been  stoped. 

Gangue — The    substance    surrounding    and    associated    with    the 
ore. 

Gash  \  ein— A  vein  wide  at  the  top  and  closing  at  a  short  depth. 

Gallows  Frame— The  frame  supporting  a  pulley  over  which  the 
hoisting   rope   passes   to   the   engine. 

Gateway — Gangway    having    ventilating    doors. 

Geode — A  cavity  studded  around  with  crystals  or  mineral  mat- 
ter; a  rounded  stone  containing  such  a  cavity. 

Glance — A  term  applied  to  the  sulphides  of  some  metals. 

Gneiss — Metamorphic   rock,   resembling   granite. 

Gold — A  metallic  element;  bright  yellow;  specific  gravity,  19.34; 
fusing  point,  2016  degrees  Fahr.  Almost  invariably  found 
associated  with  a  variable  percentage  of  silver.  Symbol  Au. 
Atomic  wt.  196.6.  One  ounce  pure  gold  coined  in  U.  S. 
dollars  is   worth  $20.67. 

Gossan— The  decomposed  matter  on  or  in  an  ore  deposit,  com- 
posed of   iron  oxide. 

Gouge — A  clayey  streak  found  next  to  a  fissure  vein. 

Grass  Roots — A  term  used  where  a  working  is  started  from,  or 
worked  up  to,  the  surface. 

Granite — A  plutonic  crystalline  rock  composed  of  feldspar, 
quartz  and  mica. 

Gray  Copper — Tetrahedrite.  An  ore  containing  copper  15  to  45 
per  cent,  combined  with  iron,  zinc,  silver,  mercury,  arsenic 
and  antimony.  It  varies  in  color,  hardness  and  specific 
gravity. 

Grub  Stake — Provisioning  a  prospector  on  a  bargain  to  «(hare 
his  discoveries. 


free 


com- 


r,  1934; 

found 

)ol  Au. 

U.    S. 

It,  com- 


rom,  or 
pldspar, 

to  45 
larsenic 
specific 

«^bare 


MINING  TERMS. 


65s 


Grizzly— A  grating  used  to  sort  ore  according  to  size. 

Guide— The  timbers  nailed  to  the  timbers  of  a  shaft  for  pur- 
pose of  guiding  the  cage. 

Gunboat — A   skip;  a  self-dumping  box  used  in  slopes. 

Hackly — Having  a   surface   of   rough   points   when   broken. 

Hade — The  slope  of  a  vein,  usually  applied  to  a  fault. 

Hanging  Wall— The  laying  of  rock,  or  wall,  immediately  over 
a  lode. 

Heading— Same  as  Breast;  a  vein   of  ore  above  the   drift. 

Headings— In  placer  mining,  the  mass  of  gravel  above  the  head 
of  the  sluice. 

Heave — The   horizontal   dislocation   of   one   lode   by   another. 

High  Explosives— Those  of  greater  detonating  force  than  black 
powder. 

Hitch — A  ^  hole   cut  in  the  wall  to  hold  timbers. 

Horn — An  ox  or  buffalo  horn,  halved  and  used  as  a  pan. 

Horse — A  mass  of  country  rock  between  the  inclosing  walls 
of  a  vein.  To  constitute  a  horse,  it  is  necessary  that  the 
walls  converge  about  the  mass  below  and  at  both  ends,  but 
the  greatest  known  horses  do  not  converge  overhead.  "The 
two  walls  coming  to  the  surface  are  in  some  instances  1,000 
feet  apart." 

Hudpre — An  iron  bucket  for  hoisting. 

Hungry —  Barren. 

Hydraulic  Cement — Sets  under  water.  Made  from  limestone, 
containing  alumina,   magnesia  and   silica. 

Hydraulic  Mining — Mining  placer  gold  with  stream  of  water 
under  pressure. 

Hydraulicking — Washing  down  a  bank  of  earth  or  gravel  with 
pipes  conveying  water   under   great   pressure. 

Igneous — Applied   to  all   rocks  cooled  from  a  state  of  fusion. 

Impregnation — Metallic  deposits  having  undefined  limits  and 
form. 

Incline   Drift — An   inclined   passageway   underground. 

Infiltration — The  theory  that  vein  filling  was  introduced  as  min- 
eral water. 

Injection — The  theory  that  vein  filling  was  introduced  by  an 
igneous  fluid  and  solidified. 

In  Place — A  vein,  or  ore,   in  its  original  position. 

Intake — The  entry  which  conducts  the  incoming  air  current 
to   the    mine.     It    is   synonymous   with    down-cast. 


A'- 


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:  .1 


€56 


MINING    INFORMATION. 


In  Situ— In  fixed  place.    Original  position. 

Iron  Hat— The  outcrop  of  a  lode,   it  being  usually  colored  by 
decomposition  of  iron. 

Jamb — Any  thick  rock   which  cuts  off  the  vein. 

Jig— A  machine  for  concentrating  ore  by  means  of  water. 

Jigging — A  method  of  sorting  ore  by  shaking  in  a  sieve  in 
water. 

Jump — To  take  forcible  possession  of  a  claim.  (2)  To  relocate 
abandoned  property. 

Lagging — Timbers  over  and  upon  the  sides  of  a  drift. 

Laundry  Box  —  The  box  at  the  surface  receiving  the  water 
pumped  up  from  below. 

Lean — Poor  in  metal. 

Ledge  or  Lead — Mineral  ores  or  gangue  within  fissure  or  con- 
tact  veins. 

Length — A  certain  portion  of  the  vein  when  taken  on  a  hori- 
zontal line. 

Level — A  horizontal  passage  or  drift  into  a  mine  from  a  shaft. 

Lift — All  the  mine  workings  connected  with,  opened  from,  and 
mined  out  at  one  level;  also  the  length  of  pump-pipe  be- 
tween  stations.    The   space   between   two   levels. 

Litharge — An   oxide   of   lead   used   in   assaying. 

Lithology — The  study  of  rocks.  Geology  applies  to  formations 
of  the  earth. 

Little   Giant — A  jointed  iron   nozzle   used   in   hydraulic   mining. 

Live  Quartz — A  variety  of  quartz  usually  associated  with  min- 
eral. 

Loam — A   mixture  of   sand   and   clay. 

Location — The  successive  acts  by  which  a  claim  is  appropri- 
ated.    (2)    The   claim   itself. 

Lode — Same  as  ledge  or  lead. 

Magma — The  liquid  matter  within  the  earth,  the  source  of  ig- 
neous rocks. 

Man-Hole — An  opening  large  enough  to  permit  access  between 
two   openings.         ' 

Massive — Not    stratified.    Without    cleavage. 

Matrix— (Of  the  lode:)  The  country  rock  in  which  the  vein  is 
found.  (Of  the  ore:)  The  rock  or  earthy  material  inclosing 
the    ore;    the    vein-stone. 

Matte— A  mass,  chiefly  of  metallic  sulphides,  obtained  in  the  fu- 
sion of  ores. 


MINING  TKRMS. 
Measures -A  term   ««,i.  ^57 

Mill  Run-A  (est  .f  .^        ,  *    ^  *" 

„i„  for  ore    beneath    the   stamps   of  «     . 

MoyJe-A  drill  o      h  ^    ^^ 

£i3'™H£f  ■""-«;■•■  -'  '■  - 

i>ative — As  aDnli«><-i 

re«„.a  .yZ^l:"  "■'""'"°--  -an,  .e.a,  <o.„,  p,„.  „, 

Noble   Metals-Golrl       i 

Nugget-Any  lumo  ^       .•     '"'^xl^r  shape. 
Opera.or-oL  1":  Ir/T  J"^''-  . 

Open  Cu,-A  surface  wcir„g""l"A,:'„'  "  "  »*""  "  '"-e. 
ures-Compound   of  metric     '^.^.^^'-"^"t  a  covering. 

Ore-Th.  n.echa„iel,Tch:rcar"'"'   '"""'"    "- 

>^'th  baser  substances     ~        =     "^"mpounds    of    the    n,  .  , 
or.  market  are     ^  Ort'  T"'""-°'">  <i«igna,iot  Zte 
any  lead,  or  less  ihT         '  *"  °''«   "-h'ch  does  nn/  . 

s^rKrctro--J3— -^^^^^^^^^ 

="-^e„,c,   antimony  or  other   h!  "'""^'"•"^  '"   quantities  zTn' 
"omical   treatment,    by  tt^.^rd  Sa^,:"-''   P«ve„r'::' 
43  °   available   processes. 


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fliotographic 

Sciences 
Corporalion 


23  WEST  MAIN  SfREET 

WnSTIR.N.Y.  USUt 

(716)I72-4S03 


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MINING   INFORMATION. 


Ore  Reserves— The  ore  body  where  exposed  ready  for  sloping. 
Ore  Shute— A  large  and  unusually  rich  aggregation  of  mineral 

in  a  vein.    Distinguished  from  pay  streak  in   that   it   is  a 

more  or  less  vertical  sone  or  chimney  of  rich  vein  matter 

extending  from  wall  to  wall,  and   having  a  definite   width 

laterally. 
Ounce— Used  to  designate  the  ounces  of  pure  gold  or  silver 

to  the  ton  of  ore. 
Outcrop— The  portion  of  a  vein  showing  at  the   suriace. 
Outlier— Any  portion  of  a  group  of  rocks,  lying  in  a  detached 

position,  or  out  from  the  main  body. 
Outlet— An  exit  passage  from  the  mine. 
Output— The  product  of  a  mane. 
Oxide— A  compound  of  oxygen  with  other  elements. 
Oxidation— A  chemical  union  with   oxygen. 
Ore  Zone— A  large  deposit  of  ores  or  minerals  in  place. 
Pan— A  hard    stratum  of  earth;    a  broad,  shallow  vessel  used 

for  washing  auriferous  gravel. 
Fanning— The  act   of   separating  gold  from   gangue  or  gravel 

by  washing. 
Parting— A  joint  in  the  rock,  or  a  crevice  in  a  seam,  filled  with 

clay  or  slate;  a  thin  stratum  or  layer  which  separates  two 

formations.    Also  called  a  selvage. 
Patch— A  small  placer  claim. 
Patio— A  yard   or  court;  the  space    where  ore  is    mixed   and 

amalgamated  by  tread  of  horses.    (Spanish.) 
P&tio  Process— The  Mexican  method  of  amalgamation  of  silver 

ores. 
Pay— Profitable  ore. 

Pay  Streak— The  richest  streak  in  the  vein. 
Pay  Rock— The  lode  material  in  which  the  mineral  or  pay  is 

found. 
Phonolite— A  grayish,  compact,  felspathic  rock  yielding  a  metal- 
lic sound  after  the  hammer;  clickstone. 
Phosphates— Prehistoric  acid  combinations. 
Pinch— Contraction  of  the  vein. 
Pipe— An  elongated  body  of  mineral,  generally  in  a  horizontal 

plane. 
Pit— A  shallow  shaft. 
Pitch— The  slope  or  dip  of  a  vein. 
Placer— A  deposit  of  gold  or  other  mineral  found  in  particles 

in  alluvium   or  diluvium. 


MINING  TERMS. 


1  riIl~A  good-sized  niece  of  « 
Prop-A  piece  of  f    u  P""  *»''«• 

value  of  which  has  norvJ\  """^'"^'^""^    workings     th^ 

P-.C™  A^irzu^rr " «' "'- 

Pyntes-CWhite)  A  suIphiT^,  • 

byth.^r''  "  *^""f-»™^  from" Jlf^  ■"  ""«"»»  .h. 

.^"•".i.  i.4  STU^i.  -f  •    P-*  '-  «»'-  Of 
the  gangue  of  such  lodes  an^  *  '^°'**  ^«»  applied  Z 

--  -n . .-.  no:frrCer;„°:-;r3 


4^.^:1 


«6o 


MINING   INFORMATION. 


float,  the  gangue,  or  that  part  of  the  gangue  which  indicates 
the  pay  streak.  In  the  act  of  congress  it  is  used  with  the 
word  rock  (quartz  or  other  rock)  in  the  sense  of  pay  rock. 

Quartzite— A  metamorphosed  sandstone.  A  rock  containing 
usually  about  98  per  cent  silica,  with  a  small  percentage  of 
foreign  materials,   principally  iron. 

{Quartz  Mining — Any  hard  gold  or  silver  ore,  as  distinguished 
from  gravel  or  earth. 

ijuicksilver— Mercury,  used  in  sluices  to  catch  gold,  also  in 
pans  and  on  copper  plates  to  catch  free  gold  and  silver  in 
milling. 

Quick — (Adjective.)  Soft,  running  ground;  an  ore  or  pay  streak 
is  said  to  be  quickening  when  the  associated  minerals  indi- 
cate richer  mineral  ahead:  also  an  abbreviation  for  quick- 
silver. 

Rafter  Timbering— That  form  of  mine  timbering  in  which  the 
timbers  appear  like  roof  rafters. 

Raise — A  shaft  or  winze  which  has  been  worked  from  below. 

Range — A  mineral  bearing  belt  of  rocks. 

Reacher— A  slim  prop  reaching  from  one  wall  to  the  other. 

Reamer — An    enlarging    tool. 

Reef — ^The  outcrop  of  a  hard  vein  projecting  above  the  surface; 
also  applied   to  auriferous  quartz  lodes. 

Regulator— A  sliding  door  to  apportion  the  amount  of  air  to 
be  admitted  into  a  section  of  the  mine. 

Refining— The    purification    of   crude    metallic    products. 

Refractory — Resisting  the  action  of  heat  and  chemical  re-agents. 

Reserves — Mineral  standing  in  mines  between  shafts  and  levels 
that  will  pay  to  extract. 

Retort— Amalgam  after  distillation;  gold  and  silver  combined 
with  other  metals. 

Rhyolite — A  name  common  to  igneous  rocks  of  wavy  texture 
indicative  of  movement  or  flowing  when  in  a  fluid  state. 

Rib — A  pillar  of  vein  matter  left  to  support  roof  or  wall. 

Riffles — Cross-blocks  in  a  sluice  box  to  catch  the  gold. 

Rob — To  gut  a  mine;  to  work  for  the  ore  in  sight  without  re- 
garding the  supports,  reserves  or  any  future  considerations. 

Robbing— The   taking    of   mineral    from    pillars. 

Roof— -The  stratum  or  rock  overlying  a  deposit,  or  flat  vein. 
The  top  of  a  stope,  adit,  drift  or  any  horizontal  working. 

Rocker— A  small  trough  with  an  oscillating  motion,  used  in 
placer  mining. 


MINING  TERMS. 


Room^A  working  place  in       n  «« 

safety   Cage-One   s..n«i-  T^    "*  °*'  o»^e  bed 

Safety  X-mp-^AiaT  ;,*'"!*?   '^'^^^  «PPi.ance. 
immediate  con*l  7*^  . "   ^^'c^   the  flam.   •      ^- 

Sch>s.-C^,^  i„  „  ^^,  '""«•"■»«'  «»  break 

usually  carrvin.      •'■"'"•»'"'<:  «>ck   win,     .  . 

S«d  Bag-A  wa  .Tr'- 

;t^r™» "- »'  «X''^n.: -••■;:- --. »,  .i„,„. 

Shalfr-Fissile  arTill.  *'    *""'   w* 


■■ 


i663 


MINING   INFORMATION. 


Silica— Silex  or  quartz. 

Silicious— Quartz-bearing. 

Sill — A  windlass  frame;  the  floor  piece  of  a  timber  set. 

■Silver— A   metallic   element;    the   whitest   of     metals;     specific 

gravity,    xo.53;    fusing   point,    1,873     degrees;     symbol     Ag.; 

atomic  weight,  xo8. 
Silver  Glance — ^An  ere;  when  pure  contains  87  per  cent    silver 

and  13  per  cent   sulphur. 
Skip— A  bucket  or  box  used  to  hoist  material  from  a  min^. 
Slag— Waste   from   smelter  furnaces. 

Slickensides— polished  walls  of  a  vein,  caused  by  trituration. 
Slide— Timbers  in  shafts,  etc.,  to  guide  buckets  and  materials; 

the  mass  of  loose  rock  overlying  each  lode  or  country;  one 

kind  of  fault;  vertical  dislocation  of  vein. 
Slimes— The  finest  of  the   crushed   ore  and   gangue   from   the 

mills. 
Slope— An  inclined  opening  to  a  mine.    It  is  an  inside  slope 

when  it  does  not  extend  to  the  surface. 
Sluice— A  series  of    boxes  set  in  line  and  floored    with    riffle 

blocks  to  catch  the  gold  in  placer  mining. 
Smelting— The  reduction  of  metals  from  their  ores  in  furnaces. 

It  is  a  form  of  the  word  melt.      In  smelting  the  ore  is  melt- 
ed.   In  other  processes  it  is  roasted. 
Smift— A  slow-burning  fuse. 
Sole— The  .  floor  of  a  horizontal  working. 

Sollar— Any  platform  or  wooden  floor  or  covering  in  a  working. 
Si>ar— A   general   term  applied   to   rock  with   distinct   cleavage 

and  luster;  usually  applied  to  the  different  lime  formations. 
Spiling— Timbering  used  in  quicksand  or  loose  ground  where 

lathes  are  driven  behind  timbers  and  kept  flush  with  head- 
ing. 
Spit— To  light  a  fuse. 
Spoon — ^A   slender  iron  rod  with  a  cup>shaped    protection    at 

right  angles  to  the  rod,   used  in  scraping  drillings  out  of 

a  bore  hole. 
Spreader— Timber   stretched   across   a   shaft   or   stope. 
Spur— A  branch  of  a  vein. 

Square  Sets— A  kind  of  timbering  used  in  large  spaces. 
Squeeze— The  closing  of  a  room  by  the  settling  of  the  roof  or 

the  rising  of  the  floor.    The  thinning  away  of  a  seam. 
Squib— A  slow  fuse  used  for  igniting  an  explosive. 


MINING  TERMS. 


663 


Slope-The  p,„  „.         .  '"    ""»«'    «- 

Ti.*^  «op«.;  „a«  jt.v.  r  i?  i^  rd"i.  "'"'^i 
iS£i?H^— ---- 
miatral.  ^'  '«=•'<'«  obtam«|    by  fi||i„,  ,       . 
W.„ou.  „,,,  .„„•  ',°^«  "  „1:r';  °"  I.  "oH^-UI  „«. 

su-pH.-d.r^r:Hr"'"'r°-      "" """'"  *"  """^-"^ 

Swamp   Or^Bog  ,„„  ,.  °™  '°  ~"«« 

"  "■  "='""  «<«  bla«  hole,. 


664 


MINING    INFORMATION. 


Synclinal— The  trotigh  formed  by  the  downward  inclination  of 
the  strata  from  each  side,  the  anticlinal  being  the  ridge 
formed  when  the  strata  dips  in  opposite  directions. 

Syndicate—An  association  or  council  of  persons;  in  use  since 
the  war  to  designate  any  combination  formed  to  carry  out 
a  large  financial  enterprise. 

Tackle— The    windlass,    rope    and    bucket. 

Tailings— The  refuse  left  after  washing  ores  containing  metaU 
not  saved  in  the  first  treatment. 

Tamp— To  hammer  loose  earth  into  a  blast  hole. 

Tellurium— A  silver-white  brittle  substance,  generally  classed 
among  metals;  usually  combined  with  gold,  silver,  lead,  and 
copper.    Sp.  gr.  6.65.    At.  wt.   128.    Symbol  Te. 

Tempering — The  act  of  reheating  and  properly  cooling  a  bar 
of  metal   to  any  desired  degree  of  elasticity  or  hardness. 

Throw — The  amount  of  dislocation  of  a  vein. 

Ton — In  metalliferous  mines  of  the  United  States,  3,000  pounds. 

Tram — The  pair  of  parallel  lines  of  rails  of  a  trackway. 

Trammer— One   who   pushes  cars  along  track. 

Trap — A  door  used  for  cutting  off  a  ventilating  current,  which 
is  occasionally  opened  for  haulage  or  passage;  guarded  by  a 
trapper.    Any  volcanic  rock. 

Trend — Dip  or  course  of  a  vein  from  the  perpendicular. 

Tribute — A  system  of  contract  mining  by  which  the  miner  re- 
ceives his  pay  out  of  the  gross  value  of  the  ore  sold,  less  a 
certain  deduction  for  royalty  to  mine  owner. 

Tributers— Miners  who  work  at  a  set,  or  piece  of  ground,  tak* 
ing  the  proceeds  as  wages,  after  royalty  is  deducted  but 
who  work  under  the  direction  of  the  owners  and  hold  no 
possession  or  title  as  lessees. 

Triturate— To  grind  or  pulverize. 

Tufa — Any   open   porous   rock. 

Tunnel— A  horizontal  hole. 

Tut  Work — Work  paid  for  by  the  foot  as  distinguished  from 
tribute  work. 

Unctuous — Having   a    greasy   feeling   like    soapstone. 

Underhand   Work — Picking  or  drilling  downward. 

Underlie— The  angle  of  a  vein  from  the  perpendicular. 

Upcast— A  ventilating  shaft  where  the  air  ascends. 

Upraise — ^A  shaft  or  winze  excavated  upward. 

Upthrow— An  upward  displacement  of  the  side  of  a  fault. 


MINING  TERMS. 


0% 


^«  ve  Buclcet-A  bucket  ^uu  ^ 

smaller  sMm.  .k      l^''    ^'   '»  '''o  aonlL     •      '^*'  '"«'»''• 
V.i„„on^?-^  -^™.  .he  ^.a.„  attj.  '"    *'*-'•    «- 

WaM-The  plaL  of  tt.        "  "<*■ 

W«j.h.™,_cC:/;3r  ";"»'■•»»•    Gob.    Goaf. 
W.dgtag_The  material    I?""*   '"   *«>«,«•. 

VVhim-A  macWni*  /^**"l»h.)  ^^  *h«   word  wheal. 

White.damp-The  „„!^"'  '"'  '"'""tone. 

W»ch  or  wXrHoff  "'-"^  """»«  oxide  „. 

VV&-K^  1  "  ;""~   '-    -CH   ore   ia 
^onT!^;**""^*'"  •'  '■'-  -  -PHu.  ofen  aceo„- 

or  .j;:::''ofVr"'  •  — -  -o^ca,  po..., , .  .^^ 


if 


r 


466 


I. 
a. 
3- 
4> 
S- 

•tty. 
6. 

7- 
8. 

9- 

10. 


MINING   INFORMATION. 

I 
HARDNESS  OF  MINERALS. 

Talc;   commoo  laminated,   light  green  variety. 

Gypsum;   a   cryttallixcd   variety. 

Calcareous   spar;   transparent   variety. 

Fluor  spar;  crystalline  variety. 

Apatite;   transparent   variety.    Scapolite;    crystalline   vari- 

Feldspar;  white  cleavable  variety. 
Quartz;  transparent. 
Topaz;  transparent. 
Sapphire;  cleavable  varieti«t8. 
Diamond. 


MEASURES  OF  ROCK,   EARTH,  ETC. 

a$  cubic  feet  of  sand— i  ton. 

x8  cubic  feet  of  earth— i  ton. 

17  cubic  feet  of  clay— i  ton. 

13  cubic  feet  of  quartz,  unbroken  in  lode — i  ton. 

x8  cubic  feet  of  gravel  or  earth,  before  digging— 27  cubic  feet 
-when  dug. 

ao  cubic  feet  of  quartz,  broken  (of  ordinary  fineness  coming 

from  the  lode)— i  ton  contract  measurement. 


ty. 


italline    vari- 


f  cubic  feet 
ess  coming 


PART  XII. 


"^"STOMs  r«,„  or  Canada. 


PART  12. 


CANADA  CUSTOMS  TARIFF 


6o4i  VICTORIA. 

CHAP.  Id. 

AN  ACT  TO  CONSOLIDATE  AND  AMEND  THE  ACTS 
RESPECTING  THE   DUTIES  OF  CUSTOMS. 

(Assented  to  aQth  June,  1897.) 

Her  Majesty,  by  and  with  the  advice  and  consent  of  the 
Senate  and  House  of  Commons  of  Canada,  enacts  as  follows:— 

Sec.  I.    This  Act  may  be  cited  as  The  Customs  Tariff,  1897. 

Sec.  2.  In  this  Act,  and  in  any  other  Act  relating  to  cus- 
toms, unless  the  context  otherwise  requires, — 

(a.)  The  initials  "n.  e.  s."  represent  and  have  the  meaning 
of  the  words  "not  elsewhere  specified." 

(b.)  The  initials  "n.  o.  p."  represent  and  have  the  meaning 
of  the  words  "not  otherwise  provided  for." 

(c.)    The   expression    "gallon"   means   an   imperial   gallon. 

(d.)  The  expression  "ton"  means  two  thousand  pounds 
avoirdupois. 

(e.)  The  expression  "proof"  or  "proof  spirits,"  when  ap- 
plied to  wines  or  spirits  of  any  kind,  means  spirits  of  a 
strength  equal  to  that  of  pure  ethyl  alcohol  compounded  with 
distilled  water  in  such  proportions  that  the  resultant  mixture 
shall  at  a  temperature  of  sixty  degrees  Fahrenheit  have  a  spe- 
cific gravity  of  0.9198  as  compared  with  that  of  distilled  water 
at  the  same  temperature. 

(f.)  The  expression  "gauge,"  when  applied  to  metal  sheets 
or  plates  or  to  wire,  means  the  thickness  as  determined  by 
Stubbs'  standard  gauge. 

(g.)  The  expression  "in  diameter,"  when  applied  to  tubing, 
means  the  actual  inside  diameter. 

(h.)  The  expression  "sheet,"  when  applied  fo  metals,  means 
a  sheet  or  plate  not  exceeding  three-sixteenths  of  an  inch  in 
thickness.        • 


(668) 


i!|t  ''  -'•/ 


CUSTOMS  TARIFF. 


0.)    The     expression    "niat- ••       u  ^ 

cil  bv  TK-  i-  power  conferred  unnn  ^u    ^     ^    "*  •*"<*  «ec- 

•aec.  4.    Subject  to  »h.  «       .  . 
auirements    of    Ti.-  V       P'o^'S'ons  of  this  Ac*  o«j  . 
Revised  Statutes     '    ^"''°"'    ^ct,    chapter  1h It    ?  '^  *^*=  ''•• 

SeC;   S.    Subject   to   the   sal.'  °V»«tom8  thereon  **' 

~n,e  forfeited  to  ft.  r!  *°°'''  ''»P''"«1  .hal  .,?''  I*"'  '» 
P"«,n  ,„p„„i;^  *«/-;»*»  and  ,h.n  b.  d«,rlU  ?„d\''- 
Pfrm  ttinff  thi.m   *     u        *^"    Proh  bited    ffoorf-  ^  *"y 

'  sr  f 3  r-"=: '"" '"  - -- "u 

wsued  wlienevM-  it  !„  Governor  in  Council  wli  ''°"'' 
»;«t.  of  tl,e  ui'.2"^  ">  Ws  satisfaction  J'V'^  ^"^  "^ 
">«m,  have  m.j    ^  ^'•'•'  «n<l  Ne«rfo„„w.'    j      ""  Govern. 


Jfv^ 


670 


DOMINION  OF  CANADA. 


Sec.  8.  The  export;  of  deer,  wild  turkeys,  quail,  partridge, 
prairie  fowl  and  woodcock,  in  the  carcass  or  parts  thereof,  is 
hereby  declared  unlawful  and  prohibited;  and  any  person  ex- 
porting or  attempting  to  export  any  such  article  shall  for  each 
such  offense  incur  a  penalty  of  one  hundred  dollars,  and  the 
article  so  attempted  to  be  exported  shall  be  forfeited,  and  may, 
on  reasonable  cause  of  suspicion  of  intention  to  export,  be 
seized  by  any  officer  of  the  customs,  and,  if  such  intention  is 
proved,  shall  be  dealt  with  as  for  breach  of  the  customs  laws: 
Provided,  that  this  section  shall  not  apply  to  the  export,  under 
such  regulations  as  are  made  by  the  Governor  in  Council,  of  any 
carcass  or  part  thereof  of  any  drer  raised  or  bred  by  any  per- 
son, company  or  association  of  persons  upon  his  or  their  own 
lands. 

Sec.  9.  Regulations  respecting  the  manner  in  which  molas- 
ses and  sjTups  shall  be  sampled  and  tested  for  the  purpose  of 
determining  the  classes  to  which  they  belong  with  reference  to 
the  duty  chargeable  thereon  shall  be  made  by  the  Controller 
of  Customs,  and  the  instruments  and  appliances  necessary  for 
such  determination  shall  be  designated  by  him  and  supplied 
to  such  officers  as  arc  by  him  charged  with  the  duty  of  sam- 
pling and  testing  such  molasses  and  syrups;  and  the  decision 
of  any  officer  (to  whom  is  so  assigned  the  testing  of  such  ar- 
ticles) as  to  the  duties  to  which  they  are  subject  under  the 
tariff  shall  be  final  and  conclusive,  unless,  upon  appeal  to  the 
Commissioner  of  Customs  within  thirty  days  from  the  render* 
ing  of  such  decision,  such  decision  is,  with  the  approval  of  the 
Controller,  changed;  and  the  decision  of  the  Commissioner 
with  such  approval  shall  be  final. 

Sec.  10.  In  the  case  of  all  wines,  spirits,  or  alcoholic 
liquors  subject  to  duty  according  to  their  relative  strength  of 
proof,  such  strength  shall  be  ascertained  either  by  means  of 
Sykes'  hydrometer  or  of  the  specific  gravity  bottle,  as  the 
Controller  of  Customs  directs;  and  in  case  such  relative 
strength  cannot  be  correctly  ascertained  by  the  direct  use  of  the 
hydrometer  or  gravity  bottle,  it  shall  be  ascertained  by  the 
distillation  of  a  sample  and  the  subsequent  test  in  like  manner 
of  the  distillate. 

Sec  II.  All  medicinal  or  toilet  preparations  imported  for 
completing  the  manufacture  thereof,  or  for  the  manufacture 
of  any  other  article  by  the  addition  of  any  ingredient  or  in- 
gredients, or  by  mixing  such  preparations,   or  by  putting  up 


CUSTOMS  TARIFF. 


•hall  iave  thl  l""""*"'  *i«l>  the  M„e  of  U       "*•""«»'   »» 
"here  "«te^*  """^  "  »«!'  m^ufac  ul*  ■»r"'««"T. 

.,.„:_'*    ^""^"'  'hal.  be  subiec.  to  the  folio   • 

,    (->    *"    "»«•«.    flask,      •  "*  '■"^■ 

^^^■J'7:^r^'r-^  ""en- rot"-  -H 

goods  for  th.  -..  ""'  receptacle  n,  -« °°"»ined,     and, 

"«•  »'  •PPare^«/S^'L?f »»«  <»■  coverings  as  are  of 
""«  of  the  mxHta  fk!L  *"■  "»e  other  than  in  .1.     •    '  '"^ 

«--.  fron,  thrcj„:t:r" "'  ""••- « ■•""«.d  it'p.rr 


i 


.  f 


i«.u 


''  *  '1- 

III 

i  1  r^ 

i  iiy 

'63'a 


DOMINION  OF  CANADA. 


■:■ 


(e.)  Packages  (inside  or  outside)  containing  free  goods 
«hall  be  exempt  from  duty  when  the  packages  are  of  such  a 
nature  that  their  destru'^tion  is  necessary  in  order  to  release 
the  goods. 

Sec.  14.  Any  person  who,  without  lawful  excuse,  the  proof 
•of  which  shall  be  on  the  person  accused,  sends  or  brings  into 
Canada,  or  who,  being  in  Canada,  has  in  his  possession,  any 
bill-heading  or  other  paper  appearing  .to  be  a  heading  or 
blank  capable  of  being  filled  up  and  used  as  an  invoice,  and 
"bearing  any  certificate  purporting  to  show,  or  which  may  be 
used  to  show,  that  the  invoice  which  may  be  made  from  such 
bill-heading  or  blank  is  correct  or  authentic,  is  guilty  of  an 
indictable  ofEense  and  liable  to  a  penalty  of  five  hundred  dol- 
lars, and  to  imprisonment  for  a  term  not  exceeding  twelve 
months,  in  the  discretion  of  the  court,  and  the  goods  entered 
under  any  invoice  made  from  any  such  bill-heading  or  blank 
shall  be  forfeited. 

Sec.  15.  With  respect  to  goods  imported  for  manufactur- 
ing purposes  that  are  admissible  under  this  Act  for  any  spe- 
•cific  purposes  at  a  lower  rate  of  duty  than  would  otherwise  be 
-chargeable,  or  exempt  from  duty,  the  importer  claiming  such 
•exemption  from  duty,  or  proportionate  exemption  from  duty, 
shall  make  and  subscribe  to  the  following  affidavit  or  affirma- 
tion before  the  collector  of  customs  at  the  port  of  entry,  or 
liefore  a  notary  public  or  a  commissioner  for  taking  affidavits:— 

I,  (name  of  importer)  the  undersigned,  importer  of  the 
(names  of  the  goods  or  articles)  mentioned  in  this  entry,  do 
solemnly  (swear  or  affirm)  that  such  (names  of  the  goods  or 
articles)  are  imported  by  me  for  the  manufacture  of  (names 
of  the  goods  to  be  manufactured)  in  my  own  factory,  situated 
at  (name  of  the  place,  county  and  province),  and  that  no  por- 
tion of  the  same  will  be  used  for  any  other  purpose  or  dis- 
posed of  until  so  manufactured. 

Sec.  16.  Nothing  contained  in  the  foregoing  provisions 
-shall  affect  the  French  Treaty  Act,  i8g4,  or  chapter  three  of 
the  statutes  of  1895,  intituled  An  Act  respecting  Commercial 
Treaties  affecting  Canada. 

Sec.  17.  When  the  customs  tariff  of  any  country  admits  the 
products  of  Canada  on  terms  which,  on  the  whole,  are  as  fa- 
vorable to  Canada  as  the  terms  of  the  reciprocal  tariff  herein 
referred  to  are  to  the  countries  to  which  it  may  apply,  articles 


ree  goods 
of  such  a 
to  release 

the  proof 
rings  into 
ssion,  any 
fading  or 
iToice,  and 
1  may  be 
from  such 
Ity  of  an 
idred  dol- 
g  twelve 
s  entered 

or  blank 


CUSTOMS   TARIFF. 


*^»ch  are  the  -^^KIFF. 

'■    Any  ,„tL"  '°  .'«'  Act.  ""  «"P'»"I  .arfff '  J 

?•    The  Governor  i„  r  Governor  in 

"•ec-procal  tariff  ,"       "  Council  may  ext«„-)  .,. 

:>«•  T^W^entr™?-'  '"--tnT.^'-- 
be. eve  tha,  wi.h  r^gU""'  ^°''«-'>«  in  Council  L"  "«'°"- 
ists   any   trust,    comh-      •       ^"^  anicle  of  ^^         "  '•'•on   to 
«»«  among  ma^^ac u^ "'  .'""^''''-on  or  a""r'  •"««  e^! 
•o  unduly  eniiance  the  n     "'  ""^  ""cle  or^.T'"'  "  '"V 
*«y  to  unduly  nroV .    "^"^  of  such  artLr      '"'"  «>«ein 
^«ler,   „   Z  «:„:„'!  '''^,  '"vantage  of    he  Z  '".  "»'  "'"^ 
Council  may  comS     "'  *'  oon,ume„    ^u*"^'*""""  or 
P«n.e  Court  or  E«T.°   ^  •"Power  "^v' i,.     ^"""or   i„ 

■«o  and  report  to  tht  r       ^^'^'  «°  "quire  1^=.         "  '"""'•»■ 
"»'«"-.d  upon  h'm  h^r!  ""'=''  °««^  nece^r°t     '""  ""  "»<"'» 

'TxfthrUgn-    """"  -•"  ^---^^^^^^ 

<•"  «.«  free  lilt   „f°'"™°'-  ■■•■  Councn  sh i,^'  f  "'^'''  "I.™  im 
P-Wic  the  benefirof  """«  "«  duty  '„  i  """«  »>«h  articTe 


674 


DOMINION  OF  CANADA. 


An  Act  to  amend  the  Customs  Tariff,  1894;  and  chapter  eight 
of  the  statutes  of  1896,  intituled  An  Act  further  to  amend 
the  Customs  Tariff,   1894. 

Sec.  ao.  All  orders  in  Council  and  all  departmental  regula- 
tions inconsistent  with  any  of  the  provisions  of  this  Act  are 
hereby  repealed. 

Sec.  ai.  The  foregoing  provisions  of  this  Act  shall  be  held 
to  have  come  into  force  on  the  twenty-third  day  of  April,  in 
the  present  year  one  thousand  eight  hundred  and  ninety-seven, 
and  to  apply  and  to  have  applied  to  all  goods  imported  or 
taken  out  of  warehouse  for  consumption  on  or  after  the  said 
day:  Provided,  that  in  the  case  of  goods  which  were  imported 
or  taken  out  of  warehouse  for  consumption,  and  on  which  duty 
was  paid,  on  or  after  the  twenty-third  day  of  April,  one  thou- 
sand eight  hundred  and  ninety-seven,  in  accordance  with  the 
rate  of  duty  set  forth  as  payable  on  such  goods  in  the  resolu- 
tions respecting  the  duties  of  customs  introduced  in  the  House 
of  Commons  on  the  twenty-second  day  of  the  said  month,  or  in 
any  such  resolution  subsequently  introduced  in  the  said 
House,  the  duty  so  paid  shall  not  be  affected,  nor  shall  the 
person  paying  it  be  entitled  to  any  refund  or  be  liable  to  any 
further  payment  of  duty,  by  reason  of  such  rate  of  duty  being 
altered  by  any  resolution  introduced  subsequently  to  that  in 
accordance  with  which  such  duty  was  paid  and  before  the 
passing  of  this  Act. 


SCHEDULE  A. 
GOODS  SUBJET  TO  DUTIES. 

Ales,   Beers,   Wines  and   Liquors. 

I.  Ale,  beer  and  porter,  when  imported  in  casks  or  other- 
wise than  in  bottle,  i6c  per  gall. 

a.  Ale,  beer  and  porter  when  imported  in  bottles  (six  quart 
or  twelve  pint  bottles  to  be  held  to  contain  one  gallon),  24c  per 
gall. 

3.  Cider,  not  clarified  or  refined,  5c    per  gall. 

4.  Cider,   clarified   or  refined,    loc  per  gall. 

5.  Lime  juice  and  fruit  juices,  fortified  with  or  containing 
not  more  than  25  per  cent  of  proof  spirits,  60c  per  gall.;  and 
when  containing  more  than  25  per  cent  of  proof  spirits,  $2  per 
gall. 


\ 


•ter  eight 
o    amend 

il  regula- 
Act  are 

be  held 
April,   in 
ty-seven, 
orted  or 
the  said 
imported 
ich  duty 
ne  thou- 
vith    the 
!  resolu- 
:  House 
h,  or  in 
le     said 
hall   the 

to  any 
y  being 
that  in 
ore   the 


CUSTOMS  TARIFF. 


6     r-  JARIFF 

■ncTMsed  quantify  ,h°*?"  "'  P'oof,  at  1*^ '     '"'  "•""  of  a 
<l«>ced  to  the  ,tr;L,h  ',*"■'  ^o-M  be  «  ,1  T'  ""'  ""  the 
"«»«h  than  th*"**?  "'  P'oof-    When  ,h'    f„'  '"'"o"  were  „. 
f;<>vMed.  but  coJ^p°„'„7»'-  tte  duty  Z,t"  "'  °'  »  '«» 
'"  proportion  to  the  i.      "  '  ^'^'"'d  ouln,,.       .'  ""  ''««in 
«••■.  that  no  r^i'tjf"  <»«Wee  ofstren  "^ ''  "'  ""  "l-or" 
»»  any  Hquorrtetow M"  ""'""'^  »h»be*loi,  """'■<■'<'•  "ow! 
proof,  but  all  such  kI         '*'■«■'««'>  of  (ifte,„  """"^  <"•  made 
°'  «ft"n  per  cent  Sr;"^','  "'  ~~  a,  oTtr'  ""<"' 

««or,,  n.  o.  p    ™":' .'"■"ky  and  ai^  "1'  °    '"'"■.  gin  o?  „? 

cir "  po'ato'spSf  of  °''°'  - '"«'  o?'r' "  "^-o"" 

cohol,   wood  n:*r>.u^u         ^  potato  oil-   »r,»*i.  ,         ^"y   substanr. 

»'.-ood  spiriro":x[ri;'«  "^"'^  oTat  rr""'-  --x  " 

^P'"t.  brandy,  includ  '^""'  'P'"''».  absimh,  "'"«  ^nown 
^•'^y;  cordils  and  ^^1  "•■•«-■»>  brandy  td'-''  "  P"'" 
P»'l»e,  run.  shrub,  , eh  IT"    °'  '"    Wnds     n       """"'ons    of 

anodynes,  elUT^*""=''  «  being  or T"  ""'"''  "'«■  '"r 
■-«s,  »;  n,.;--%:f''»«'-  «-cfs,  o«on,  ,"  ""'s^ted  « 
"Of  fruit  e„.„„"  '   "■""   ''"  ""«d)!  or  «!,   'T"  "  -"cd- 

,     fe)    Alcoholic  oe^-  ••  '••  *'1"  P"  gal,     •'S*'"'  ="d   spirit- 

'°f '  ""'   'aveider^"""  '""'  P«ri"«S  ,°^?,.^  P'  =•  ^  val. 

.""'•>•  toilet  preparltil  •"'   *""'•    tooth   and  ?t-'  """^  "■"•  0°. 

'"  bottles  or  fl,?t         "'  eontaining  snJr,-.       /  '"  "a^hes,   and 

'»  P-  c.  ad^^af  *'  '°««»"»  not  m oTe'l'^nlo^  "■'"••  **- 
,,  W.ea  in  bottle,    fl,  .  '"'"«''  "<"■. 

?"•' --rui^"- ^^^^^^^^^      rr-  - 


676 


DOMINION    OF   CANADA. 


I  h 


I 


(e.)    Vermouth  containing  not  more  than  thirty-six  per  cent, 
and  ginger  wine  containing  not  more  than  twenty-six  per  cent 
of  proof  spirits,  90c  per  gall. 

If  containing  more  than  these  percentages  respectively  of 
proof  spirits,  $2.40  per  gall. 

(f.)  Medicinal  or  medicated  wines  containing  not  more  than 
forty  per  cent  of  proof  spirits,  $1.50  per  gall. 

8.  Wines  of  all  kinds,  except  sparkling  wines,  including 
orange,  lemon,  strawberry,  raspberry,  elder  and  current  wines, 
containing  twenty-six  per  cent  or  less  of  spirits  of  the 
strength  of  proof,  whether  imported  in  wood  or  in  bottles  (six 
quart  or  twelve  pint  bottles  to  be  held  to  contain  a  gallon), 
asc  per  gall;  and  for  each  degree  or  fraction  of  a  degree  of 
strength  in  excess  of  the  twenty>six  per  cent  of  spirits  as 
aforesaid,  an  additional  duty  of  3c  per  deg.,  until  the  strength 
reaches  forty  per  cent  of  proof  spirits;  and  in  addition  there- 
to, 30  p.  c.  ad  val. 

9.  Champagne  and  all  other  sparkling  wines  in  bottles  con- 
taining each  not  more  than  a  quart,  but  more  than  a  pint,  $3.30 
per  doz. ;  containing  not  more  than  a  pint  each,  but  more 
than  a  half  pint,  $1.65  per  doz.;  containing  one-half  pint  each 
or  less,  82c  per  doz.;  bottles  containing  more  than  one  quart 
each  shall  pay.  in  addition  to  three  dollars  and  thirty  cents 
per  dozen  bottles,  at  the  rate  of  $1.65  per  gall,  on  the  quan- 
tity in  excess  of  one  quart  per  bottle,  the  quarts  and  pints  in 
each  case  being  old  wine  measure;  in  addition  to  the  above 
specific  duty  there  shall  be  an  ad  val.  duty  of  30  per  cent. 

10.  But  any  liquors  imported  under  the  name  of  wine,  and 
containing  more  than  forty  per  cent  of  spirits  of  the  strength 
of  proof  shall  be  rated  for  duty  as  unenumerated  spirits. 


ANIMALS.     AND       AGRICULTURAL,      ANIMAL      AND 

DAIRY  PRODUCTS. 

11.  Animals,  living,  n.  e.  s.,  20  p.  c.  ad  val. 

12.  Live  hogs,  i  i-2C  per  lb. 

13.  Meats,  n.  e.  s.  (when  in  barrel,  the  barrel  to  be  free), 
2C  per  lb. 

14.  Meats,  fresh,  n.  e.  s.,  3c  per  lb. 

15.  Canned  meats,  and  canned  poultry  and  game,  extracts 
of  meats  and  fluid  beef  not  medicated,  and  soups,  25  p.  c.  ad 
val. 


CUSTOMS  TARIFF. 


677 


;r    £oX"  a^^  r;  1-t  -  -  c.  ad  v.. 

»     ^aiiow  and  stearic  acid    *»  '  ^'^  P^*"  ^b. 

^i.    CandJes.   n.   e.    s     « 

i^-  Soap.    co„.^:„"o"  tind/-   "  *^  -'• 

*»•  Castile   soap,    mottled  ^'    '*=   P'*-   ^b. 

^5-  Soap.  „.  e.  ;      °"„*^    °'   white.   2c   per   Jk 

^-  PearJine.  and  n.l?  ^'  ""'  ^^  ^"^- 

^-    Feathers,  n.  e.   s     '         ^'   ""'   ^^   ^aJ- 

f;  Eggs.  3e  per  doz.'  '    ^^  "^  "**  ^*^- 

3'.  Butter.  4c  per  ib. 

32.  Cheese,  3c  per  Jb 

»•    Potato.,    n    /■'  ""  '»"'■• 

«     L^'-r  "«  ■"-'.•'"  '"  '""■• 

43.    Vegetables,  n    o    «  ^      '*'"^- 

4^-    ^^'!^^'  30  p.  e    adV^f  P-  -  ad  val. 

^••nds.  wht'damag':^^"''''    *'^'"   ^nd    flo„r  and  . 

appraised  value   !u  ^  '*'*'«»•  »«  transit   ^o  "^^al    of  all 

vif?*.,!   u       aiue,  such  apnrai«!eH       ,  '*"^"'  ^  p.  c.  ad  val    ««  *r 
vided  by  sections  c8    70?         ""*'"*  *<>  be  ascertain!!^^*        *** 

46.  Buckwheat.  «eal  or  flour    ,  "" 

47.  Cornmeal.  including  th?  ^  .  "^*^  P*'  ^b. 

council,  7  X.5C  per 


678 


DOMINION   OF   CANADA. 


49.  Oats,  IOC  per  bush. 

50.  Oatmeal,  ao  p.   c  ad  val. 

51.  Rice,  uncleaned,  unhulled  or  paddy,   i-ac  per  lb. 

52.  Rice,   cleaned,    x   i-4C  per  lb. 

53.  Rice  and  sago  flour  and  sago,  and  tapioca,  as  p.  c.  ad 
val. 

54.  Rice,  when  imported  by  makers  of  rice-starch  for  use 
in  their  factories  in  making  starch  3-40  per  lb. 

55.  Wheat,    I2C   per  bush. 

56.  Wheat  fluor,  including  the  duty  on  the  barrel,  60c  per 
brl. 

57.  Biscuits,  not  sweetened,  25  p.  c.  ad  val. 

58.  Biscuits,   sweetened,   2"]   1-2  p.   c.   ad   val. 

59.  Macaroni  and  vermicelli,   25  p.   c.   ad  val. 

60.  Starch,  including  farina,  corn  starch  or  flour  and  all 
preparations  having  the  qualities  of  starch,  the  weight  of  the 
package  to  be  in  all  cases  included  in  the  weight  for  duty,  i  i-2c 
per  lb. 

61.  Seeds  viz.:  garden,  Beld,  and  other  seeds  for  agricul- 
tural or  other  purposes,  n.  o.  p.,  sunflower,  canary,  hemp  and 
millet  seed,  when  in  bulk  or  in  large  parcels,  10  p.  c  ad  val. 

When  put  up  in  small  papers  or  parcels,  25  p.  c.  ad  val. 

62.  Mustard,  ground  25  p.  c.  ad  val. 

63.  Mustard  cake,  15  p.  c.  ad  val. 

64.  Sweet  potatoes  and  yams,   loc  per  bush. 

65.  Tomatoes,  fresh,  20c  per  bush,  and  loc  p.  c.  ad  val. 

66.  Tomatoes  and  other  vegetables,  including  com  and 
baked  beans,  in  cans  or  other  packages,  n.  e.  s.,  the  weight  of 
the  cans  or  other  packages  to  be  included  in  the  weight  for 
duty.  I  i*2C  per  lb. 

67.  Pickles,  sauces  and  catsups,  including  soy,  35  p.  c.  ad 
val. 

68.  Malt,  upon  entry  for  warehouse  subject  to  excise  reg- 
ulations, 15c  per  bush. 

69.  Extract  of  malt  (non-alcoholic),  for  medicinal  and  bak- 
ing purposes,   25   p.   c.   ad  val. 

70.  Hops,  6c  per  lb. 

71.  Compressed  yeast,  in  bulk  or  mass  of  not  less  than  fifty 
pounds;  3c  per  lb.;  in  packages  weighing  less  than  fifty  pounds, 
6c  per  lb.;  the  weight  of  the  package  in  the  latter  case  to  be 
included   in  the  weight  for  duty. 


CUSTOMS  TARIFF. 


4r» 


and 

all 

of 

the 

y.  I 

I-2C 

agricul- 

tnp 

and 

ad  val. 

val. 

72.  Yeast  cakes  and  baking  powder,  the  weight  of  the  pack* 
ages  to  be  included  in  the  weight  for  duty,  6c  per  lb. 

73.  Trees,  viz. :— apple,  cherry,  peach,  pear,  plum  and  quince, 
of  all  kinds,  and  small  peach  trees  known  as  June  buds,  3c 
each. 

74.  Grape  vines,  gooseberry,  raspberry,  currant  and  rose 
bushes;  fruit  plants,  n.  e.  s.,  and  shade,  lawn  and  ornamental 
trees,  shrubs  and  plants,  n.  c.  s.,  20  p.  c.  ad  val. 

75.  Blackberries,  gooseberries,  raspberries,  strawberries, 
cherries  and  currants,  n.  e.  s.,  the  weight  of  the  package  to  be 
included  in  the  weight  for  duty,  2c  per  lb. 

76.  Cranberries,  plums  and  quinces,  25  p.  c.  ad  val. 

77.  Prunes,  including  raisins,  dried  currants,  and  California 
or  silver  prunes,   ic  per  lb. 

78.  Apples,  dried,  desiccated  or  evaporated;  dates,  figs,  and 
other  dried,  desiccated  or  evaporated  fruits,  n.  e.  s.,  25  p.  c.  ad 
val. 

79.  Grapes,  2c   per  lb. 

80.  Oranges,  lemons  and  limes,  in  boxes  of  capacity  not 
exceeding   two  and   one-half  cubic   feet,    25c   per   box. 

In  one-half  boxes,  capacity  not  exceeding  one  and  one- 
fourth  cubic  foot,    13c  per   1-2  box. 

In  cases  and  all  other  packages,   loc   per  cubic  ft. 

In  bulk,  per  one  thousand  oranges,  lemons  or  limes,  $1.50 
per  M. 

In  barrels,  not  exceeding  in  capacity  that  of  the  one  hun- 
dred   and   ninety-six    pounds   flour    barrel,    550   per   brl. 

81.  Peaches,  n.  o.  p.,  the  weight  of  the  package  to  be  in- 
cluded  in  the  weight  for  duty,    ic  per  lb. 

82.  Fruits  in  air-tight  cans  or  other  packages,  the  weight  of 
the  cans  or  other  packages  to  be  included  in  the  weight  for 
duty.  2  I-4C  per  lb. 

83.  Fruits  preserved  in  brandy,  or  preserved  in  other  spir- 
its, $2  per  gall. 

84.  Preserved  ginger,  30  p.  c  ad  val. 

85.  Jellies,  jams  and  preserves,  n.  e.  s.,  3  1-4C  per  lb. 

86.  Honey,  in  the  comb  or  otherwise,  and  imitations  there- 
of. 3C  per  lb. 

87.  Tea  and  green  coffee,  n.  e.  s.,  10  p.  c.  ad  val. 

88.  Coffee,  roasted  or  ground,  when  not  imported  direct 
from  the  country  of  growth  and  production,  ac  per  lb.  and 
10  p.  c.  ad  val. 


68o 


DOMINION   OF   CANADA. 


89.  Coffee,  roasted  or  ground,  and  all  imitations  thereof 
and  substitutes  therefor,  including  acorn  nuts,  n.  o.  p.,  ac  per 
lb. 

go.  Extract  of  coffee,  n.  e.  s.,  or  substitutes  therefor  of  all 
kinds,  3C  per  lb. 

91.  Chicory,  raw  or  green,  3c  per  lb. 

92.  Chicory,  kiln*dried,  roasted  or  ground,  4c  per  lb. 

93.  Cocoa  shells  and  nibs,  chocolate,  and  other  prepara- 
tions of  cocoa,  n.  e.  s.,  30  p.  c.  ad  val. 

94.  Cocoa  paste,  chocolate  paste,  cocos  and  cocoa  butter, 
n.  o.   p.,  4c  per  lb. 

95.  Nuts,  shelled,  n.   e.   s.,  5c  per  lb. 

96.  Almonds,  walnuts,  Brazil  nuts,  pecans  and  shelled  pea- 
nuts, n.  e.  s.,  3C  per  lb. 

And  nuts  of  all  kinds,  n.  o.  p.,  ac  per  lb. 

97.  Cocoanuts,   n.    e.    s.,    $1.00  per   100. 

98.  Cocoanuts,  when  imported  from  the  place  of  growth, 
by  vessel,   direct  to  a  Canadian  port,  50c  per   100. 

99.  Cocoanut,   desiccated,    sweetened   or   not,    5c  per   lb. 
IOC.    Nutmegs  and  mace,  25  p.  c.  ad  val. 

loi.    Spices,  viz.: — ginger  and  s-pices  of  all  kinds,  unground, 
n.  e.  s.,  13  1-2  p.  c.  ad  val. 
Ground,  25  p.  c.  ad  val. 

102.  Fine  salt  in  bulk,  and  coarse  salt,  n.  e.  s.,  5c  per  100 
lbs. 

103.  Salt,  n.  e.  s.,  in  bags,  barrels  and  other  packages — ^the 
bags,  barrels  or  other  packages  being  the  first  coverings  or  in- 
side packages,  to  bear  the  same  duty  as  if  such  package  or 
first  coverings  were  imported  empty,  7  1-2  per  100  lbs. 


FISH  AND   PRODUCTS  OF  THE   FISHERIES. 

104.  Mackerel,  ic  per  lb. 

105.  Herrings,    pickled    or    salted,    i-2C    per    lb. 

106.  Salmon,    fresh,    i-2C   per   lb. 

107.  Salmon,   pickled   or   salted,    ic   per   lb. 

108.  All  other  fish,  pickled  or  salted,   in  barrels,   ic  per  lb. 

109.  Foreign-caught  fish,  imported  otherwise  than  in  barrels 
or  half-barrels,  whether  fresh,  dried,  salted  or  pickled,  not  spe- 
cially enumerated  or  provided  for  by  this  Act,  soc  per  100  lbs. 

no.    Fish,  smoked  and  boneless,   ic  per  lb. 


CUSTOMS   TARIFF. 


68> 


III.  Anchovies  and  sardines,  packed  in  oil  or  otherwise,  in 
tin  boxes  measuring  not  more  than  five  inches  long,  four 
inches  wide  and  three  and  a  half  inches  deep,  per  whole  box» 
5C  per  box. 

(b.)  In  half  boxes  measuring  not  more  than  five  inches> 
long,  four  inches  wide  and  one  and  iive*eighth8  deep,  2  i-2c  per 
1-2  box. 

(c.)  In  quarter  boxes,  measuring  not  more  than  four  inches- 
wide  and  three-quarters  long,  three  and  a  half  inches  wide  and 
one  and  a  quarter  deep,  2c  per  1-4  box. 

113.  Anchovies  and  sardines  when  imported  in  any  other 
form«  30  p.  c.  ad  val. 

113.  Fish  preserved  in  oil,  except  anchovies  and  sardines,. 
30  p.  c.  ad  val. 

114.  Fresh  or  dried  fish,  n.  e.  s.,  imported  in  barrels,  or 
half  barrels,   ic  per  lb. 

115.  Salmon  and  all  other  fish  prepared  or  preserved,  in- 
eluding  oysters,  not  specially  enumerated  or  provided  for  in 
this  Act,  25  p.  c.  ad  val. 

116.  Oysters,  shelled,  in  bulk,   loc  per  gal. 

117.  Oysters,  shelled,  in  cans  not  over  one  pint,  including^ 
the  cans,  3c  per  can. 

118.  Oysters  shelled,  in  cans  over  one  pint  and  not  over  one 
quart,  including  the  cans,  5c  per  can. 

iig.  Oysters,  shelled,  in  cans  exceeding  one  quart  in  capac- 
ity, an  additional  duty  of  5  cents  per  quart  or  fraction  of  a 
quart  of  capacity  over  a  quart,   including  the  cans. 

120.  Oysters  in  the  shell,  25  p.   c.  ad  val. 

121.  Packages  containing  oysters  or  other  fish,  n.  o.  p.,  25^ 
p.  c.  ad  val. 

122.  Oils,  spermaceti,  whale  and  other  fish  oils,  and  all 
other  articles  the  produce  of  the  fisheries  not  specially  pro- 
vided for,  30  p.  c.  ad  val. 


BOOKS  AND  PAPER. 

133.  Albumenized  and  other  papers  and  films  chemically 
rrepared  for  photographers'  use,  30  p.   c.  ad  val. 

124.  Books,  \ir..: — Novels  or  works  of  fiction,  or  literature 
of  a  similar  character,  unbound  or  paper-bound  or  in  sheets^ 
including  freight  rates  for  railways  and  telegraph  rates,  bound 
in  book  or  pamphlet  form,  but  not  to  include  Christmas   an- 


<8a 


DOMINION   OF   CANADA. 


tiuals   or  publications   commonly   known   as   juvenile   and   toy 
books,  ao  p.  c.  ad  val.  * 

las.  Books,  printed,  periodicals  and  pamphlets,  or  parts 
thereof,  n.  e.  s.,— not  to  include  bank  account  books,  copy 
books  or  books  to  be  written  or  drawn  upon,  lo  p.  c.  &d  val. 

126.  Advertising  and  printed  matter,  viz. :— Advertising 
pamphlets,  advertising  pictorial  show  cards,  illustrated  advertis- 
ing periodicals;  illustrated  price  books,  catalogues  and  price 
lists,  advertising  almanacs  and  calendars;  patent  medicine  or 
other  advertising  circulars,  fly  sheets  or  pamphlets;  advertis- 
ing chromos,  chromotypes,  oleographs  or  like  work  produced 
by  any  process  other  than  hand  painting  or  drawing,  and 
having  any  advertisement  or  advertising  matter  printed,  litho- 
graphed or  stamped  thereon,  or  attached  thereto,  including 
■advertising  bills,  folders  and  posters,  or  other  similar  artistic 
work,  lithographed,  printed  or  stamped  on  paper  or  cardboard 
for  business  or  advertisment  purposes,  n.  o.  p.,   150  per  lb. 

127.  Labels  for  cigar  boxes,  fruits,  vegetables,  meats,  fish; 
«onfectionery  or  other  goods  or  wares;  shipping,  price  or 
other  tags,  tickets  or  labels,  and  railroad  or  other  tickets, 
whether  litographed  or  printed,  or  partly  printed,  n.  e.  s.,  35 
p.  c.  ad  val. 

128.  Bank  notes,  bonds,  bills  of  exchange,  cheques,  prom- 
issory notes,  drafts,  and  all  similar  work,  unsigned,  and  cards 
•or  other  commercial  blank  forms  printed  or  lithographed,  or 
printed  from  steel  or  copper  or  other  plates  and  other  printed 
matter,  n.  e.  a.,  35  p.  c.  ad  val. 

lag.    Printed  music,  bound  or  in  sheets,  10  p.  c.  ad  val. 

130.  Photographs,  chromos,  chromotypes,  artotypes,  oleo- 
^graphs,  paintings,  drawings,  pictures,  engravings  or  prints,  or 
proofs  therefrom,  and  similar  works  of  art,  n.  o.  p. ;  blue  prints, 
building  plans,  maps  and  charts,  n.  e.  s.,  ad  val.,  20  p.  c. 

131.  Newspapers  or  supplemental  editions  or  parts  thereof, 
partly  printed  and  intended  to  be  completed  and  published  in 
Canada,  ad  val.,  25  p.  c. 

132.  Union  collar  cloth  paper  in  rolls  or  sheets,  not  glossed 
«r  finished.  15  p.  c.  ad  val. 

133.  Union  collar  cloth  paper  in  rolls  or  sheets,  glossed  or 
liuished,  20  p.  c.  ad  val. 

134.  Mill-board,  not  straw  board,   10  p.  c.  ad  val. 

13s.    Straw-board,    in    sheets    or   rolls;   tarred   paper,   felt  or 


CUSTOMS  TARIFF. 


683 


straw-board;   sandpaper,  glass  or  flint  paper,  and  emery   paper 
or  emery  cloth,  25  p.  c.  ad  val. 

ij6.  Paper  sacks  or  bags  of  all  kinds,  printed  or  not,  as  P> 
c.  ad  val. 

137.  Playing  cards,  6c  p.  pack. 

138.  Paper  hangings  or  wall  papers,  borders  or  bordering, 
and  window  blinds  of  paper  of  all  kinds,  35  p.  c.  ad  val. 

139.  Printing  paper  and  paper  of  all  kinds,  n.  e.  s.,  25  p.  c. 
ad  val. 

140.  Ruled  and  border  coated  papers,  papeteries,  boxed 
papers,  pads  not  printed,  papier-mache  ware,  n.  o.  p. ;  envelopes, 
and  all  manufactures  of  paper,  n.  e.  s.,  35  p.  c.  ad  val. 


CHEMICALS  AND  DRUGS. 

141.  Acid,  acetic  acid  and  pyroligneous,  n.  e.  s.,  and  vinegar, 
a  specific  duty  of  xsc  p.  gal.  of  any  strength  not  exceeding  the 
strength  of  proof,  and  for  such  degree  of  strength  in  excess  of 
the  strength  of  proof  an  additional  duty  of  ac  p.  deg. 

The  strength  of  proof  shall  be  held  to 'be  equal  to  six  per 
cent  of  absolute  acid,  and  in  all  cases  the  strength  shall  be  de- 
termined in  such  manner  as  is  established  by  the  Governor  in 
Council. 

143.  Acid,  acetic  acid  crude,  and  pyroligneous  crude,  of  any 
strength  not  exceeding  thirty  per  cent,  25  p.  c.  ad  val. 

143.    Acid,  muriatic  and  nitric,  and  all  mixed  or  other  acids, 

20  p.  c.  ad  val. 

Acid,  sulphuric,  25  p.  c.  ad  val. 

Acid  phosphate,  n.  o.  p.,  25  p.  c.    ad  val. 

Sulphuric  ether,   chloroform,  and   solutions  of  peroxides 
of  hydrogen,  25  p.  c.  ad  val. 

147.  All  medicinal,  chemical  and  pharmaceutical  prepara- 
tions, when  compounded  of  more  than  one  substance,  including 
patent  and  proprietary  preparations,  tinctures,  pills,  powders, 
troches,  lozenges,  syrups,  cordials,  bitters,  anodynes,  tonics, 
plasters,  liniments,  salves,  ointments,  pastes,  drops,  waters, 
essences  and  oils,  n.  o.  p. ;  provided  that  drugs,  pill-mass  and 
preparations,  not  including  pills  or  medicinal  plasters,  recog- 
nized by  the  British  or  the  United  States  pharmacopoeia  or  the 
French  Codex  as  officinal,  shall  not  be  held  to  be  covered  by 
this  item;  all  liquids,  containing  alcohol,  50  p.  c.  ad  val.;  and 
all  others,  liquid  or  not,  25  p.  c.  ad  val. 


n.  e.  s. 
144. 
145. 
146. 


>) 


I 


:l 


'■}       ■ 


i' 

4-\ 


I 


«4 


DOMINION    OF   CANADA. 


148.  Pomades,  French  or  flower  odors  preserved  in  fat  or 
oil  for  the  purpose  of  conserving  the  odors  of  flowers  which  do 
not  bear  the  heat  of  distillation,  w^en  imported  in  tins  of  not 
less  than  ten  pounds  each,  15  p.  c.  ad  val. 

149.  Perfumery,  including  toilet  preparations  (non-alcoholic)  ,^ 
viz. :— Hair  oils,  tooth  and  other  powders  and  washes,  poma- 
tums, pastes  and  all  other  perfumed  preparations,  n.  o.  p.,  used 
for  the  hair,  mouth  or  skin,  30  p.  c.  ad  val. 

150.  Licorice  paste  and  licorice  in  rolls  and  sticks,  20  p.  c. 
ad  val. 

151.  Paraffine  wax,  30  p.  c.  ad  val. 

152.  Antiseptic  surgical  dressing,  such  as  absorbent  cotton,, 
cotton  wool,  lint,  lamb's  wool,  tow,  jute,  gauzes  and  0:akum, 
prepared  for  use  as  surgical  dressings,  plain  or  medicated;  sur- 
gical belts  and  trusses,  electric  belts,  pessaries  and  suspensory- 
bandages  of  all  kinds,  20  p.  c.  ad  val. 

153.  Surgical  and  dental  instruments  (not  being  furniture) 
and  surgical  needles,  10  p.  c.  ad  val.  until  ist  January,  1898; 
thereafter  free. 

154.  Cod  liver  oil,  20  p.  c.  ad  val. 


OPIUM. 

155.  Opium,  crude,  the  outward  ball  or  covering  to  be  free 
•ji  duty,  $1  p.  lb. 

156.  Opium,  powdered,  $1.35  p.  lb. 

157.  Opium,  prepared  for  smoking,  $5  p.  lb. 
COLORS,   PAINTS,   OILS,  VARNISHES,   ETC. 

158.  Dry  white  and  red  lead,  orange  mineral  and  zinc  white, 
5  p.  c.  ad  val. 

159.  Ochres,  ochrey  earths,  raw  siennas,  and  colors,  dry,  n. 
e.  s.,  20  p.  c.  ad  val. 

160.  Oxides,  umbers,  burnt  siennas,  and  fire  proofs,  n.  e.  s. ; 
laundry  bluing  of  all  kinds,  rough  stuff  and  dry  and  liquid 
fillers,  anti-corrosive  and  anti-fouling  paints  commonly  used 
for  ships'  hulls,  and  ground  and  liquid  paints,  n.  e.  s.,  25  p.c. 
ad  val. 

161.  Paints  and  colors,  ground  in  spirits,  and  all  spirit  var- 
nishes and  lacquers,  $1.12  1-2  p.  gal. 

162.  Paris  green,  dry,  10  p.  c.  ad  val. 

163.  Ink  for  writing,  20  p.  c.  ad  val. 

164.  Blacking,  shoe,  and  shoemakers'  ink;  shoe,  harness  and 


CUSTOMS   TARIFF. 


685 


leather   dressing,    harness    soap,    and   knife    jr    other    polish    or 
composition,  n.  o.  p.,  25  p.  c.  ad  val. 

165.  Putty,  of  all  kinds,  20  p.  c.  ad  val. 

166.  Turpentine,  spirits  of,  5  p.  c.  ad  val. 

167.  British  gum,  dextrine,  sizing  cream  and  enamel  sizing,. 
10  p.  c.  ad  val. 

168.  Varnishes,  lacquers,  japan  driers,  liquid  driers,  and  oil 
finish,  n.  e.  s.,  20c  p.  gal.  and  20  p.  c.  ad  val. 

i6g.  Linseed  or  flaxseed  oil,  raw  or  boiled,  lard  oil,  neats- 
foot  oil,  and  sesame  seed  oil,  25  p.  c.  ad  val. 

170.  Illuminating  oils  composed  wholly  or  in  part  of  the 
products  of  petroleum,  coal,  shale,  or  lignite,  costing  more  than 
thirty  cents  per  gallon,  25  p.  c.  ad  val. 

171.  Lubricating  oils,  composed  wholly  or  in  part  of  petro- 
leum, costing  less  than  twenty-five  cents  per  gallon,  5c  p.   gal. 

172.  Crude  petroleum,  fuel  and  gas  oils  (other  than  naphtha, 
benzine  or  gasoline)  when  imported  by  manufacturers  (other 
than  oil  refiners)  for  use  in  their  own  factories  for  fuel  pur- 
poses or  for  the  manufacture  of  gas,  2  1-2  cents  per  gal. 

173.  Oils,  coal  and  kerosene  distilled,  purified  or  refined, 
naphtha  and  petroleum,  and  products  of  petroleum,  n.  e.  s.,  5c 
p.  gal. 

174.  Barrels,  containing  petroleum  or  its  products,  or  any 
mixture  of  which  petroleum  forms  a  part,  when  such  contents 
are  chargeable  with  a  specific  duty,  20c  each. 

175.  Lubricating  oils,  n.  e.  s.,  and  axle  grease,  25  p.  c.  ad  val. 

176.  Olive  oil,  n.  e.  s.,  20  p.  c.  ad  val. 

177.  Essential  oils,  10  p.  c.  ad  val. 

178.  Vaseline,  and  all  similar  preparations  of  petroleum  for 
toilet,  medicinal  or  other  purposes,  35  p.  c.  ad  val. 

COAL. 

179.  Bituminous  slack  coal,  such  as  will  pass  through  a 
half-inch  screen,  subject  to  regulations  to  be  made  by  the  Con- 
troller of  Customs,  20  p.  c.  ad  val.,  but  not  to  exceed  13  cents 
per  ton  of  2,000  pounds  (being  the  equivalent  of  15c  per  ton 
of  2,240  pounds):  Provided  that  if  the  United  States  Con- 
gress fixes  the  duty  on  such  slack  coal  at  a  rate  not  exceeding 
15  cents  per  ton  of  2,240  pounds,  then  the  duty  on  such  coal  iia- 
ported  into  Canada,  as  provided  in  this  item,  shall  be  the 
minimum  duty  on  such  coal  from  all  countries,  notwithstanding 
section  seventeen  of  this  Act,  20  p.  c. 


il^:d 


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'  0 


M 


t  I  1 

t  K! 


«86 


DOMINION    OF   CANADA. 


i8o.  Coal,  bituminous,  round  and  run  of  mine,  and  coal, 
n.  e.  s.,  fifty-three  cents  per  ton  of  2,000  pounds  (being  the 
equivalent  of  sixty  cents  per  ton  of  2,240  pounds) :  Provided 
that  if  the  United  States  Congress  fixes  the  duty  on  such  coal 
at  a  rate  not  exceeding  forty  cents  per  ton  of  2,240  pounds,  the 
Governor  in  Council  may  by  proclamation  reduce  the  duty 
mentioned  in  this  item  to  forty  cents  per  ton  of  2,240  pounds, 
or  the  equivalent  thereof  per  ton  of  2,000  pounds,  and  the  duty 
declared  by  such  proclamation  shall  then  be  the  minimum  duty 
on  such  coal  from  all  countries,  notwithstanding  section  seven- 
teen of  this  Act,  53  c.  p.  ton  of  2,000  lbs. 


I 


EARTHENWARE,      CEMENTS,      SLATE     AND      STONE- 
WARE. 

181.  Building  brick,  paving  brick,  stove  linings,  and  fire 
brick,  n.  e.  s.,  and  manufactures  of  clay  or  cement,  n.  o.  p.,  20 
p.  c.  ad  val. 

182.  Earthenware  and  stoneware,  viz.:  demijohns,  chums  or 
crocks,  30  p.  c.  ad  val. 

183.  Drain  tiles,  not  glazed,  20  p.  c.  ad  val. 

184.  Drain  oipes,  sewer  pipes,  chimney  linings  or  vents, 
chimney  tops  and  inverted  blocks,  glazed  or  un  azed,  and 
earthenware  tiles,  35  p.  c.  ack  val. 

185.  China  and  porcelain  ware,  also  earthenware  and  stone- 
ware, brown  or  colored  and  Rockingham  ware,  white  granite 
or  iron  stoneware,  "c.  c."  or  cream  colored  ware,  decorated, 
printed  or  sponged,  and  all  earthenware,  n.  e.  s.,  30  p.  c.  ad  val. 

186.  Baths,  tubs,  and  wash-stands  of  earthenware,  stone, 
cement  or  clay,  or  of  other  material,  n.  o.  p.,  30  p.  c.  ad  val. 

187.  Cement,  Portland  and  hydraulic  or  water  lime,  in  bags, 
barrels  or  casks,  the  weight  of  the  package  to  be  included  in 
the  weight  for  duty,  twelve  and  one-half  cents  p.   100  lbs. 

188.  Plaster  of  Paris,  or  gypsum,  ground,  not  calcined,  15  p. 
c.  ad  val. 

189.  Plaster  of  Pari?,  or  gypsum,  calcined  or  manufactured, 
the  weight  of  the  package  to  be  included  in  the  weight  for 
duty,  12  1-2  c.  p.  100  lbs. 

igo.    Lithographic  stones,  not  engraved,  20  p.  c.  ad  val. 
191.    Grindstones,  not  mounted,  and  not  less  than  thirty-six 
inches  in  diameter,  15  p.  c.  ad  val. 


nd    fire 

'.  p.,    20 


CUSTOMS    TARIFF. 


68^ 


'92.    Grindstones,  n.  e  s     « 

'93-    Flagstone    sanrf!*  '  ^'  ""■  ^^  ^^I- 

'JM.    Marble  and  L     ■'  ^^  ''^^'  ^*™* 

'J5.    Marble   and    granite     n  "^  '''   "' 

marble  or  granite    «  granite,    n.  e.  s.,    and    all    mo     r 

^5  p.  c.       "•"  *""  "<"  «««d  sevc„,y.fi"  e  ce  Js  L""""'" 
-•    Common  ^n'-j'!' ?°  ^^^SSVMRE. 

P-  c.  ad  val.     *  '"•  "°'  ^^^*^ed.  in  sheets  or  L^     '"*  ^^' 

^5.    Plate  glass   h.    1  .  *"'  ''  ^^ 

ad  val.  ^'^'''  ^^^-^<^.  in  sheets  or  panes   n  o 

,^'    fevered  glass,  beveled  or       .        '""'"■  °' ^^  ^^  ^^  - 

^^^^Oer.an  loo.-  ""'  '"^"^^^  °'  -'  -  - 

^'^^'^£1^^  "^^    ^^^^"  --   —   or 

*«Weware.  decoded     '  '"''  ^'^^^*^  or  moulded  1""^  '^'™««>^-' 
ad  val.  ''°'^**^^  o^  not.  and  blown  glass  tlf'''''*^  ^'  «'«" 

K  ass  tableware.  30  p.  c. 


i^ 


i<  I 


<88 


DOMINION    OF   CANADA. 


209.  Bent  plate  or  other  sheet  glass,  and  all  other  glass,  and 
'manufactures  of  glass,  n.  o.  p.,  20  p.  c.  ad  val. 

aio.    Spectacles  and  eyeglasses,  30  p.  c.  ad  val. 

311.  Spectacle  and  eyeglass  frames,  and  metal  parts  thereof, 
30  p.  c.  ad  val. 


LEATHER,   RUBBER  AND  MANUFACTURES  OF. 

212.  Dongola,  cordovan,  calf,  sheep,  lamb,  kid  or  goat, 
Icangaroo,  alligator,  or  other  upper  leather,  and  all  leather, 
dressed,  waxed,  glazed,  or  further  finished  than  tanned,  n.  e.  s. ; 
harness  leather,  and  chamois  skin,  17  1-2  p.  c.  ad  val. 

213.  Skins  for  morocco  leather,  tanned  but  not  further  man- 
ufactured; sole  leather,  and  belting  leather,  of  all  kinds; 
tanners'  scrap  leather;  and  leather  and  skins,  n.  o.  p.,  15  p.  c. 
■ad  val. 

214.  Glove  leathers,  tanned  or  dressed,  colored  or  uncolored, 
when  imported  by  glove  manufacturers  for  use  in  their  own 
factories  in  the  manufacture  of  gloves,   10  p.  c.  ad  val. 

215.  Japanned,  patent  or  enameled  leather,  and  morocco 
leather,  25  p.  c.  ad  val. 

2x6.  Leather  board,  leatheroid,  and  manufactures  thereof, 
n.  o.  p.,  25  p.  c.  ad  val. 

217.  Whips  of  all  kinds,  including  thongs  and  lashes,  35  p. 
<c.  ad  val. 

218.  Belting,  of  leather  or  other  material,  n.  e.  s.,  20  p.  c. 
ad  val. 

219.  Boots  and  shoes,  and  slippers,  of  any  material,  n.  e.  s., 
^s  p.  c.  ad  val. 

220.  Manufactures  of  rawhide,  and  all  manufactures  of 
leather,  n.  o.  p.,  25  p.  c.  ad  val. 

221.  India-rubber  boots  and  shoes;  and  all  manufactures  of 
India-rubber  and  gutta  percha,  n.  o.  p.,  25  p,  c.  ad  val. 

232.  India-rubber  clothing  and  clothing  made  waterproof 
with  India-rubber,  rubber  or  gutta  percha  hose,  and  cotton  or 
linen  hose  lined  with  rubber,  rubber  mats  or  matting,  and 
rubber  packing,  35  p.  c.  ad  val. 


METALS  AND   MANUFACTURES  OF. 
223.    Iron  or  steel  scrap,  wrought,  being  waste  or  refuse,  in- 
cluding punchings,  cuttings  or  clippings  of  iron  or  steel  plates 
or  sheets  having  been  in  actual  use;  crop  ends  of  tin  plate  bars. 


CUSTOMS  TARIFF. 


«r  of  blooms,  or  of  rails    th  ^ 

^*i '     Kolied  iron  or  cf     i 

•Mm.  .„.  .„  „  S,*i,"?  '•— .  .»■..*  i.i„, 

"=  rSl- -'.""■■.■"•'■  ■"■"-"» 

;.f»..;r jc.  TL';-.-, -s-  rr-  -  -' 

.     ^•'^-     ^^elp  iron  or  steel    «!,«_, 

-Poned   by  manufacur"     *'v7o   "h.™'""  '"  *™--'  »>■" 

44  'ron,  flat  galvan- 


I, -I 


l.'i 


^ 


DOMINION    OF   CANADA. 


ized  iron  or  steel  sheets,  terne  plate,  and  rolled  sheets  of  iron 
or  steel  coated  with  zinc,  spelter  or  other  metal,  of  all  widths 
or  thickness  n.  o.  p.,  and  rolled  iron  or  steel  hoop,  band,  scroll 
or  strip,  thinner  than  number  eighteen  gauge,  n.  e.  s.,  5  p.  c. 
ad  val. 

235.  Chrome  steel,  15  p.  c.  ad  val. 

236.  Steel,  in  bars,  bands,  hooirs,  scroll  or  strips,  sheets  or 
plates,  of  any  size,  thickness  or  width,  when  of  greater  value 
than  two  and  one-half  cents  per  pound,  n.  o.  p.,  5  p.  c.  ad  val. 

237.  Swedish  rolled  iron  and  Swedish  rolled  steel  nail  rods 
under  half  an  inch  in  diameter  for  the  manufacture  of  horse- 
shoe nails,  15  p.  c.  ad  val. 

238.  Iron  and  steel  railway  bars  or  rails  of  any  form, 
punched  or  not,  n.  e.  s.,  for  railways,  which  term  for  the  pur- 
poses of  this  item  shall  include  all  kinds  of  railways,  street 
railways  and  tramways,  even  although  they  are  used  for  private 
purposes  only,  and  even  although  they  are  not  used  or  intended 
to  be  used  in  connection  with  the  business  of  common  carry- 
ing of  goods  or  passengers,  30  p.  c.  ad  -val. 

239.  Railway  fish  plates  and  tie  plates,  $8.00  p.  ton. 

240.  Switches,  frogs,  crossings  and  intersections  for  rail- 
ways, 30  p.  c.  ad  val. 

241.  Locomotives  for  railways,  n.  e.  s.,  35  p.  c.  ad  val. 

242.  Iron  or  steel  bridges,  or  parts  thereof;  iron  or  steel 
structural  work,  columns,  shapes  or  sections,  drilled,  punched, 
or  in  any  further  stage  of  manufacture  than  as  rolled  or  cast, 
n.  e.  s.,  35  p.  c.  ad  val. 

243.  Forgings  of  iron  or  steel  of  whatever  shape  or  size  or 
in  whatever  stage  of  manufacture,  n.  e.  s. ;  and  steel  shafting, 
turned,  compressed,  or  polished;  and  hammered  iron  or  steel 
bars  or  shapes,  n.  o.  p.,  30  p.  c.  ad  val. 

244.  Iron  or  steel  castings,  in  the  rough,  n.  e.  s.,  25  p.  c. 
ad  val. 

245.  Stove  plates,  stoves  of  all  kinds,  for  oil,  gas,  coal  or 
wood,  or  parts  thereof,  and  sad  or  smoothing,  hatters'  and 
tailors'  irons,  plated  wholly  or  in  part,  or  not,  25  p.  c.  ad  val. 

246.  Springs,  axles,  axle  bars,  n.  e.  s.,  and  axle  blanks,  and 
parts  thereof,  of  iron  or  steel,  for  railway  or  tramway,  or  other 
vehicles,  35  p.  c.  ad  val. 

247.  Cart  or  wagon  skeins  or  boxes,  30  p.  c.  ad  val. 

248.  Cast  iron  pipe  of  every  description,  $8.00  per  ton. 


CUSTOMS   TARIFF. 


691 


249.  Wrought  iron  or  steel  boiler  tubes,  n.  e.  s.,  including 
flues  and  corrugated  tubes  for  marine  boilers,  5  p.  c.  ad  val. 

250.  Tubes  of  rolled  steel,  seamless  not  joined  or  welded« 
not  more  than  one  and  one-half  inch  in  diameter;  and  seamiest 
steel  tubes  for  bicycles,  zo  p.  c.  ad  val. 

351.  Wrought  iron  or  steel  tubing,  plain  or  galvanized, 
threaded  and  coupled  or  not,  over  two  inches  in  diameter,  n.  e. 
s.,  15  p.  c.  ad  val. 

252.  Wrought  iron  or  steel  tubing,  plain  or  galvanized, 
threaded  and  coupled  or  not,  two  inches  or  less  in  diameter, 
n.  e.  s.,  35  p.  c.  ad  val. 

253.  Other  iron  or  steel  pipe  or  tubing,  plain  or  galvanized, 
riveted,  corrugated  or  otherwise  specially  manufactured,  n.  o. 
p.,  30  p.  c.  ad  val. 

254.  Iron  or  steel  fittings  for  iron  or  steel  pipe,  of  every 
description,  and  chilled  iron  or  steel  rolls,  30  p.  c.  ad  val. 

255.  Iron  or  steel  cut  nails  and  spikes  (ordinary  builders) 
and  railroad  spikes,   1-2  c.  p.  lb. 

256.  Wrought  and  pressed  nails  and  spikes,  trunk,  clout, 
coopers',  cigar  box,  Hungarian,  horseshoe,  and  other  nails, 
n.e.s. ;  horse,  mule  and  ox  shoes,  30  p.  c.  ad  val. 

257.  Wire  nails  of  all  kinds,  n.  o.  p.,  3-5  c.  p.  lb. 

258.  Composition  nails  and  spikes  and  sheathing  nails,  15 
p.   c.  ad  val. 

259.  Iron  or  steel  shoe  tacks,  and  ordinary  cut  tacks,  leath- 
ered or  not,  brads,  sprigs  and  shoe  nails,  double  pointed  tacks, 
and  other  tacks  of  iron  and  steel,  n.o.p.,  35  p.  c.  ad  val. 

260.  Screws,  commonly  called  "wood  screws,"  of  iron  or 
steel,  brass  or  other  metal,  including  lag  or  coach  screws, 
plated  or  not,  and  machine  or  other  screws,  n.o.p.,  35  p.  c. 
ad  val. 

261.  Coil  chain,  coil  chain  links,  and  chain  shackles,  of 
iron  or  steel,  five-sixteenths  of  an  inch  in  diameter  and  over, 
5  p.  c.  ad  val. 

262.  Barbed  wire;  and  galvanized  wire  for  fencing,  numbers 
nine,  twelve  and  thirteen  gauge,  15  p.  c  ad  val,  until  ist  Jan- 
uary,  1898;  thereafter  free. 

263.  Buckthorn  strip  fencing,  woven  wire  fencing,  and  wire 
fencing  of  iron  or  steel,  n.e.s.,  15  p.  c.  ad  val. 

264.  Wire,  single  or  several,  covered  with  cotton,  linen, 
silk,  rubber  or  other  material,  including  cable  so  covered, 
n.e.s.,  30  p.  c.  ad  val. 


69a 


DOMINION    OF   CANADA. 


265.  Brass  wire,  plain,   10  p.  c  ad  val. 

266.  Copper  wire,  plain,  tinned  or  plated,  15  p.  c.  ad  val. 
^7.    Wire  cloth,  or  woven  wire  of  brass  or  copper,  25  p.  c. 

ad   val. 

268.  Wire  of  all  metals  and  kinds,  n.o.p.,  20  p.  c.  ad  val. 

269.  Wire  npe,  stranded  or  twisted  wire,  clothes  line,  pic- 
ture or  other  twisted  wire  and  wire  cable,  n.e.s.,  25  p.  c.  ad 
val. 

270.  Wire  cloth  or  wove  wire,  and  wire  netting,  of  iron  or 
steel,  30  p.   c.  ad  val. 

271.  Needles,  of  any  material  or  kind,  and  pins  manufac- 
tured from  wire  of  any  metal,  n.o.p.,  30  p.  c.  ad  val. 

272.  Lead,  old,  scrap,  pig  and  block,  15  p.  c.  ad  val. 

273.  Lead,  in  bars,  and  in  sheets,  25  p.  c.  ad  val. 

274.  •  Lead  pipe,  lead  shot  and  lead  bullets,  35  p.  c.  ad  val. 
27s.    Lead,  manufacturers  of,  n.o.p.,  30  p.   c.  ad  val. 

276.  Brass  and  copper  nails,  tacks,  rivets  and  burrs  or 
washers;  bells  and  gongs,  n.e.s.,  and  all  manufactures  of  brass 
or  copper,  n.o.p.,  30  p.  c.  ad  val. 

2^^.    Zinc,   manufactures  of,  n.o.p.,  25  p.  c.   ad  val. 

278.  Nickel  anodes,    10  p.   c.   ad  val. 

279.  Iron  or  steel  nuts,  washers,  rivets,  and  bolts,  with  or 
without  threads,  and  nut,  bolt  and  hinge  blanks,  and  T  and 
strap  hinges  of  all  kinds,  n.e.s.,  3-4  c.  p.  lb.  and  25  p.  c.  ad 
val. 

280.  Builders',  cabinet-makers',  upholsterers',  harness-mak- 
ers', saddlers',  and  carriage  hardware,  including  butt-hinges, 
locks,  curry  combs  or  curry  cards,  horse-boots,  harness  and 
saddlery,  n.  e.  s.,  30  p.  c.  ad  val. 

281.  Skates  of  all  kinds,  roller  or  other,  and  parts  thereof, 
35   p.    c.   ad   val. 

282.  Gas  meters,  35  p.   c.  ad  val. 

283.  Safes,  doors  for  safes  and  vaults;  scales,  balances, 
weighing  beams,  and  strength-testing  machines  of  all  kinds, 
30   p.    c.   ad   val. 

284.  Carvers,  knives  and  forks  of  steel,  butcher  and  table 
steels,  oyster,  bread,  kitchen,  cooks',  butcher,  shoe,  farrier, 
putty,  hacking  and  glaziers'  knives,  cigar  knives,  spatuals  or 
palette  knives,  razors,  erasers  or  office  knives,  pen,  pocket, 
pruning,  sportsmen's  or  hunter's  knives,  manicure  files,  scis- 
sors,   trimmers,    barbers',    tailors'    and    lamp    shears,    horse   and 


CUSTOMS   TARIFF. 


693 


toilet  clippers,  and  all  like  cutlery,  plated  or  not,  n.o.p.,— 
when  any  oi  the  above  articles  are  imported  in  cases  or  cabi- 
nets,  the  cases  or  cabinets  shall  be  dutiable  at  the  same  rate 
as  their  contents,— 30  p.   c.   ad  val. 

285.  Knife  blades  or  blanks,  and  table  forks  of  iron  or  steel 
in  the  rough,  not  handled,  filed,  ground  or  otherwise  man- 
ufactured,  10  p.  c.  ad  val. 

286.  Celluloid,  moulded  into  sizes  for  handles  of  knives  and 
forks,  not  bored  or  otherwise  manufactured;  also,  moulded 
celluloid  balls  and  cylinders,  coated  with  tin-foil  or  not,  but 
not  finished  or  further  manufactured,  and  celluloid  lamp  shade 
blanks,   10  p.  c.   ad  val. 

287.  Bird,  parrot,  squirrel  and  rat  cages,  of  wire,  and  metal 
parts  thereof,  35  p.  c.  ad  val. 

288.  Files  and  rasps,  n.  e.  s.,  30  p.  c.  ad  val. 

289.  Adzes,  cleavers,  hatchets,  saws,  wedges,  sledges,  ham- 
mers, crow-bars,  cant-dogs  and  track  tools;  picks,  mattocks, 
and  eyes  or  poles  for  the  same;  anvils,  vices;  and  tools,  of 
all  kinds,  for  hand  or  for  machine  use,  including  shoemakers' 
and  tinsmiths'  tools  or  bench  machines,  n.  o.  p.,  30  p.  c.  ad 
val. 

290.  Axes,  scythes,  sickles  or  reaping  hooks,  hay  or  straw 
knives,  edging  knives,  hoes,  rakes,  pronged  forks,  snaths,  farm, 
road  or  field  rollers,  post  hole  diggers,  and  otfier  agricultural 
implements,  n.  e.   s.,  25  p.  c.  ad  val. 

291.  Shovels  and  spades,  iron  or  steel,  n.  e.  s. ;  shovel  and 
spade  blanks,  and  iron  or  steel  cut  to  shape  for  the  same;  and 
lawn  mowers,  35   p.   c.   ad   val. 

292.  Britannia  metal,  nickel  silver,  Nevada  and  tJerman  sil- 
ver, manufactures  of,  not  plated,  and  manufactures  of  alumi- 
num, n.  o.   p.,  25  p.  c.  ad  val.  * 

293.  Sterling  or  other  silverware,  nickel-plated  ware,  gilt  or 
electro-nlated  ware,  wholly  or  in  part,  of  all  kinds,  n.  e.  s.,  30 
p.   c.  ad  val. 

294.  Telephone  and  telegraph  instruments,  electric  and  gal- 
vanic batteries,  electric  motors,  dynamos,  generators,  sockets, 
insulators  of  all  kinds;  and  electric  apparatus,  n.  e.  5.,  25  p.  c. 
ad  val. 

295.  Electric  light  carbons  and  carbon  points,  of  all  kinds, 
n.  e.  s.,  35  p.  c.  ad  val. 

296.  Carbons  over  six  inches  in  circumference,  15  n.  c.  ad 
val. 


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DOMINION    OF   CANADA. 


ag7«  Lamps,  side-lights  and  headlights,  lanterns,  chande- 
liers, gas,  coal  or  other  oil  fixtures  and  electric  light  fixtures, 
or  metal  parts  thereof,  including  lava  or  other  tips,  burners, 
collars,  galleries,  shades  and  shade  holders,  30  p.  c.  ad  val. 

398.  Lamp  springs,  and  glass  bulbs  for  electric  lights,  10 
p.  c.  ad  val. 

299.  Babbit  metal,  type  metal,  phosphor  tin  and  phosphor 
bronze  in  blocks,  bars,  plates,  sheets  and  wire,  10  p.  c.  ad  val. 

300.  Type  for  printing,  including  chases,  quoins  and  slugs, 
of  all  kinds,  ^0  p.  c.  ad  val. 

301.  Plates  engraved  on  wood,  steel,  or  other  metal,  and 
transfers  taken  from  the  same,  including  engravers'  plates  of 
steel,  polished,  engraved  or  for  engraving  thereupon,  20  p.  c. 
ad  val. 

302.  Stereotypes,  electrotypes,  and  celluloids  for  almanacs, 
calendars,  illustrated  pamphlets,  newspaper  advertisements  or 
engravings,  and  all  other  like  work  for  commercial,  trade  or 
other  purposes,  n.  e.  s.,  and  matrices  or  copper  shells  for  the 
same,  i  1-2  c.  p.  sq.  in. 

303.  Stereotypes,  electrotypes  and  celluloids  of  newspaper 
columns,  and  bases  for  the  same,  composed  wholly  or  partially 
of  metal  or  celluloid,  1-4  c.  p.  sq.  in. 

And  matrices  or  copper  shells  for  the  same,  i  1-2  c.  p.  sq.  in. 

304.  Clothes  wringers  for  domestic  use,  and  parts  thereof, 
35  p.  c.  ad  val. 

305.  Buckles  of  iron,  steel,  brass  or  copper,  of  all  kinds, 
n.  o.  p.  (not  being  jewelry),  30  p.  c.  ad  val. 

306.  Guns,  rifles,  including  air  guns  and  air  rifles  not  being 
toys,  muskets,  cannons,  pistols,  revolvers,  or  other  firearms; 
cartridge  cases,  cartridges,  primers,  percussion  caps,  wads,  o;* 
other  antmunition,  n.  o.  p.,  bayonets,  swords,  fencing  foils  and 
masks;  gun  or  pistol  covers  or  cases,  game  bags,  loading  tools 
and  cartridge  belts  of  any  material,  30  p.  c.  ad  val. 

307.  Agate,  granite  or  enameled  iron  or  steel  hollow-ware, 
35  p.  c.  ad  val. 

308.  Enameled  iron  or  steel  ware,  n.  e.  s. ;  iron  or  steel 
hollow-ware,  plain  black,  tinned  or  coated;  and  nickel  and 
aluminum  kitchen  or  household  hollow-ware,  n.  e.  s.,  30  p.  c. 
ad  val. 

309.  Tinware,  plain,  japanned  or  lithographed,  and  all  man- 
ufactures of  tin,  n.  e.  s.,  and  manufactures  of  galvanized  sheet 
iron,  or  of  galvanized  sheet  steel,  n.  o.  p.,  25  p.  c.  ad  val. 


CUSTOMS   TARIFF. 


695 


310.  Signs,  of  any  material,  framed  or  not;  and  letters  of 
any  material  for  signs  or  similar  use,  30  p.  c.  ad  val. 

311.  Fire  engines  and  fire  extinguishing  machines,  includ* 
ing  sprinklers  for  fire  protection,  35  p.  c.  ad  val. 

312.  Brass  pumps  of  all  kinds,  and  garden  or  lawn  sprink- 
lers, 30  p.  c.  ad  val. 

313.  Printing  presses,  printing  machines,  lithographic  presses 
and  type-making  accessories  therefor;  folding  machines,  book- 
binders' book-binding,  ruling,  embossing  and  paper  cutting 
machines,  and  parts  thereof,  10  p.  c.  ad  val. 

314.  Sewing-machines,  and  parts  thereof,  30  p.  c.  ad  val. 

315.  Steam  engines,  boilers,  ore  crushers  and  rock  crush- 
ers, stamp  mills,  Cornish  and  belted  rolls,  rock  drills,  air  com- 
pressors, cranes,  derricks,  percussion  coal  cutters,  pumps,  n. 
e.  s.,  windmills,  horse-powers,  portable  engines,  threshers, 
separators,  fodder  or  feed  cutters,  potato  diggers,  grain  rrush- 
ers,  fanning  mills,  hay  tedders,  farm  wagons,  slot  machines 
and  typewriters,  and  all  machinery  composed  wholly  ur  in  part 
of  iron  or  steel,  n.  o.  p.,  25  p.  c.  ad  val. 

316.  Machine  card  clothing,  25  p.   c.   ad   val. 

317.  Mould  boards  or  shares,  or  plow  plates,  land  sides, 
and  other  plates  for  agricultural  implements,  when  cut  to  shape 
from  rolled  plates  of  steel  but  not  moulded,  punched,  polished 
or  otherwise  manufactured,  s  p.  c.  ad  val. 

318.  Mowing  machines,  harvesters  self-binding  or  without 
binders,  binding  attachments,  reapers,  cultivators,  plows, 
harrows,  horse-rakes,  seed-drills,  manure  spreaders,  weeders, 
and  malleable  sprocket  or  link  belting  chain  for  binders,  20  p. 
c.   ad   val. 

319.  Trawls,  trawling  spoons,  fly  hooks,  sinker«=,  swivels, 
and  sportsmen's  fishing  bait,  and  fish  hooks,  n.  e.  s.,  30  p.  c. 
ad  val. 

320.  Patterns  of  brass,  iron,  steel  or  other  metal  (not  being 
models),  30  p.  c.  ad  val. 

321.  Manufactures,  articles  or  wares  not  specially  enumer- 
ated or  provided  for,  composed  wholly  or  in  part  of  iron  or 
steel,  and  whether  wholly  or  partly  manufactured,  30  p.  c.  ad 
val. 


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1 


VEHICLES. 
322.    Freight  wagons,  drays,  sleighs  and  similar  vehicles,  25 
c.  ad  val. 


r 


6ii6 


DOMINION   OF   CANADA. 


323.  Uuggies,  carriages,  pleasure  carts  and  similar  vehicles, 
n.  e.  s.,  including  cutters,  children's  carriages  and  sleds,  and 
finished  parts  thereof,   n.   o.   p.,  35   p.c.   ad  val. 

324.  Railway  cars  (or  other  cars),  wheelbarrows,  trucks, 
road  or  railway  .scrapers  and   hand  carts,  30  p.   c.   ad  val. 

325.  Bicycles  and  tricycles,   3c   p.   c.  ad   val. 


MANUFACTURES   OF   WOOD.    CANE,    CORK. 

326.  Cane,  reed  or  rattan,  split  or  otherwise  manufactured, 
n.  o.  p.,   15  p.  c.  ad  val. 

327.  Corks,  and  other  manufactures  of  cork  wood  or  cork 
bark,  n.  o.  p.,  20  p.  c.  ad  val. 

328.  Sawed  boards,  planks  and  deals  planed  or  dressed  on 
one  or  both  sides,  when  the  edges  thereof  are  jointed  or 
tongued  and  grooved,  25  p.  c.  ad  val. 

320.  Lumber  and  timber,  manufactured,  n.  e.  s.,  20  p.  c. 
ad  val. 

330.  Pails  and  tubs  of  wood;  churns,  brooms  and  whisks, 
wash-boards,  pounders  and  rolling  pins,  20  p.  c.  ad  val. 

331.  Veneers  of  wood,  not  over  three  thirty-seconds  of  an 
inch  in  thickness,  7  1-2  p.  c.  ad  val. 

332.  Mouldings  of  wood,  plain,  gilded  or  otherwise  further 
manufactured,  25  p.  c.  ad  val. 

333.  Wood  pulp,  25  p.  c.  *ad  val. 

334.  Manufactures  of  wood,  n.  o.  p.,  25  p.  c.  ad  val. 

335.  Fishing  rods,  walking  sticks  and  walking  canes,  of  all 
kinds,  n.  e.  s.,  30  p.  c.  ad  val. 

336.  Picture  frames  and  photograph  frames,  of  any  mate- 
rial, 30  p.   c.  ad  val. 

337.  Umbre^v<),  parasol  and  sunshade  sticks  or  handles,  n. 
e.   s.,  20  p.  c.     d  val. 

338.  CofHns  and  caskets,  and  metal  parts  thereof,  25  p.  c. 
ad  val. 

339.  Show-cases,  of  all  kinds,  and  mital  parts  thereof,  35 
p.  c.  ad  val. 

340.  Billiard  tables,  with  or  without  pockets,  and  bagatelle 
tables  or  boards,  cues,  balls,  cue-racks,  and  cue-tips,  35  p.  c. 
ad  val. 

341.  Vulcanized  fiber,  kartavert,  indurated  fiber,  and  like 
material,  and  manufactures  of,  n.  e.  s..  25  p.  c.  ad  val. 


CUSTOMS    TARIFF. 


697 


343.  Blinds  of  wood,  metal  or  other  material,  not  textile 
or  paper,  30  p.  c.  ad  val. 

343.  House,  office,  cabinet  or  store  furniture  of  wood,  iron, 
or  other  material,  in  parts  or  finished;  wire  screens,  wire  door» 
and  wire  windows;  cash  registers;  window  cornices  and  cor- 
nice poles  of  all  kinds;  hair,  spring  and  other  mattresses,  bol- 
sters and  pillows,  including  furniture  springs  and  carpet  sweep- 
ers, 30  p.  c.  ad  val. 

344.  Window  shade  or  blind   rollers,   35  p.   c.   ad  val. 


JEWELRY   AND   MATERIAL  THEREFOR,   ETC. 

345.  Watch   cases,   30  p.   c.   ad   val. 

346.  Clocks,  watches,  watch  glasses,  clock  and  watch  keys, 
and  clock  movements,  25  p.   c.  ad  val. 

347.  Watch   actions  and   movements,    10  p.   c.   ad  val. 

348.  Precious  stones,  n.  e.  s.,  polished,  but  not  set,  pierced 
or  otherwise  manufactured,  and  imitations  thereof,  10  p.  c.  ad 
val. 

349.  Composition  metal  for  the  manufacture  of  jewelry  and 
filled  gold  watch  cases,  10  p.  c.  ad  val. 

350.  Jewelry,  for  the  adornment  of  the  person,  including  hat 
pins,  hair  pins,  belt  or  other  buckles,  and  similar  personal  or* 
namental  articles  commercially  known  as  jewelry,  n.  o.  p„  and 
all   manufactures   of  gold  and   silver,    n.   e.   s.,   30  p.   c.   ad  val. 

351.  Fancy  writing  desks,  fancy  cases  for  jewelry,  watches, 
silverware,  plated  ware  and  cutlery;  glove,  handkerchief  and 
collar  boxes  or  cases,  brush  or  toilet  cases,  and  all  fancy  cases 
for  similar  fancy  articles,  of  any  material;  fans,  doll^  and  toys 
of  all  kinds;  ornaments  of  alabaster,  spar,  amber,  terra  cotta 
or  composition;  statuettes  and  bead  ornaments,  n.  e.  s.,  35 
p.  c.  ad  val. 

352.  Gold,  silver  and  aluminum  leaf,  Dutch  or  schlag  metal 
leaf;  brocade  and  bronze  powders  and  gold  liquid  paint,  25  p. 
c.  ad  val. 


MINERALS. 

353.  Asbestos  in  any  form  other  than  crude,   and  all   manu- 
factures thereof,  25  p.  c.  ad  val. 

354.  Plumbago,    not    ground    or   otherwise    manufactured,    10 
p.   c.   ad   val. 


Ill 


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'  '11 

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<S98 


DOMINION    OF   CANADA. 


355.    Plumbago,  ground,  and  manufactures  of,  n.  e.   s.,  and 
foundry  facings  of  all  kinds,  2$  p.  c.  ad  val. 


MUSICAL   INSTRUMENTS. 

356.  Pianofortes,  organs  and  musical  instruments  of  all 
kinds,  30  p.  c.  ad  val. 

357.  Brass  band  instruments,  parts  of  pianofortes  and  parts 
of  organs,  25  p.  c.  ad  val. 

Provided  that  musical  instrument  cases  shall  be  dutiable  at 
the  same  rate  as  their  contents  when  imported  containing  the 
instruments. 


TEXTILES,  HATS,  FURS,  ETC. 

358.  Cotton  batts,  batting  and  sheet  wadding,  cotton  warps 
and  cotton  yarns,  dyed  or  not,  n.  e.  s.,  25  p.  c.  ad  val. 

359.  Cotton  fabrics,  white  or  gray,  bleached  or  unbleached, 
n.  o.  p.,  25  p.  c.  ad  %'al. 

360.  Cotton  fabrics,  printed,  dyed  or  colored,  n.  o.  p.,  35 
p.  c.  ad  val. 

361.  Damask  of  linen,  stair  linen,  diaper,  napkins,  doylies., 
table  and  tray  cloths,  sheets,  quilts,  towels,  and  like  articles 
of  linen  or  cotton,  or  of  linen  and  cotton  combined,  made  up 
or  not,  n.  c    p.,  30  p.  c.  ad  val. 

362.  Embroideries,  n.  e.  s.,  laces,  braids,  fringes,  cords, 
elastic,  round  or  flat;  garter  elastic,  tassels  and  bracelets,  n.  o. 
p.,  braids,  chains,  cords,  or  other  manufactures  of  hair,  n.  e.  s. ; 
handkerchiefs  of  all  kinds;  lace  collars  and  all  similar  lace 
£^oods;  lace  nets  and  nettings  of  cotton,  linen,  silk  or  other 
material;  shams,  curtains,  when  made  up,  trimmed  or  un- 
trimmed;  regalia,  badges  and  belts  of  all  kinds,  n.  o.  p.;  linen, 
silk  and  cotton  clothing,  and  all  other  articles  made  up  by 
the  seamstress  from  linen  or  cotton  fabrics,  n.  o.  p.,  corsets 
of  all  kinds,  corset  clasps,  busks,  blanks  and  steels,  and 
covered  corset  wires,  cut  to  lengths,  tipped  or  untipped,  35 
p.  c.  ad  val. 

363.  White  cotton   embroideries,  25  p.   c.   ad  val. 

364.  Jeans,  sateens  and  coutils,  when  imported  by  corset 
and  dress  stay  makers  for  use  in  the  manufacture  of  such  arti- 
cles in  their  own  factories,  20  p.  c.  ad  val. 


CUSTOMS    TARIFF. 


6g» 


365.  Collars  and  cuffs,  of  cotton,  linen,  xylonite,  xyolite  or 
celluloid,  35  p.   c.   ad  val. 

366.  Shirts  of  any  material^  and  ladies'  or  misses'  blouses 
and  shirt  waists,  35  p.  c.   ad  val. 

3^.    Crapes,  black,  20  p.  c.  ad  val. 

368.  Velvets,  velveteens,  silk  velvets,  plush  and  silk  fab- 
rics, 30  p.   c  ad  val. 

369.  Ribbons  of  all  kinds  and  materials,  and  manufactures 
of  silk  or  of  which  silk  is  the  component  part  of  chief  value, 
n.   e.    s.,  35   p.   c.   ad  val. 

370.  Cotton  sewing  thread  in  hanks,  three  and  six  cord,  15 
p.   c.   ad  val. 

371.  Cotton  sewing  thread  and  crochet  cotton,  on  spools 
or  tubes  or  in  bailo,  and  all  other  cotton  thread,  n.  e.  s.,  25 
p.  c.  ad  val. 

372.  Silk  in  the  gum,  or  spun,  not  more  advanced  than 
singles,  tram  and  thrown  or^uine,  not  colored,  15  p.  c.  ad 
val.  ^ 

373.  Sewing  and  embroidery  silk,  and  silk  twist,  25  p.  c.  ad 
val. 

374.  Jute  cloth,  uncolored,  not  otherwise  finished  than 
bleached  or  calendered,  10  p.  c.  ad  val. 

375.  Horse  clothing  of  jute,  shaped  or  otherwise  manu- 
factured, 30  p.  c.  ad  val. 

376.  All  manufactures  of  hemp,  flax  or  jute,  n.  e.  s.,  or  of 
flax,  hemp  and  jute  combined,  25  p.   c.  ad  val. 

377.  Bags  or  sacks  of  hemp,  linen  or  jute,  and  cotton  seam- 
less bags,  20  p.  c.  ad  val. 

378.  Felt,  pressed,  of  all  kinds,  not  filled  or  covered  by  or 
with  any  woven  fabric,  20  p.   c.  ad  val. 

379.  Hair-cloth  of  all  kinds,  30  p.  c.  ad  vnl. 

380.  Sails  for  boats  and  ships,  25  p.  c  ad  val. 

381.  Cloths,  not  rubbered  or  made  water-proof,  whether  of 
wool,  cotton,  unions,  silk  or  ramie,  sixty  inches  or  ovci  in 
width  and  weighing  not  more  than  seven  ounces  to  the  square 
yard,  when  imported  exclusively  for  the  manufacture  of  mack- 
intosh clothing,  under  regulations  to  be  adopted  by  the  Gov- 
ernor in  Council,  15  p.'c.  ad  val. 

382.  Featherbone,  plain  or  covered,  in  coils,  20  p.  c.  ad  val. 

383.  Stockinettes  for  the  manufacture  of  rubber  .ooots  and 
shoes,   when  imported   by   manufacturers   of  rubber   boots   and 


''V.S 


h!l 


700 


DOMINION    OF   CANADA. 


shoes,  for  use  exclusively  in  the  manufacture  thereof  in  their 
own  factories,   15   p.   c.   ad  val. 

384.  Cotton  duck,  gray  or  white,  n.  e.  s.,  22  1-2  p.  c.  ad  val. 

385.  Oiied  silk  and  oiled  cloth,  and  tape  or  other  textile 
india-rubbered,  flocked  or  coated,  n.   o.  p.,  30  p.  c.  ad  val. 

386.  Women's  and  children's  dress  goods,  coat  linings, 
Italian  cloths,  alpacas,  Orleans,  cashmeres,  henriettas,  serges, 
buntings,  nun's  cloth,  bengalines,  whip  cords,  twills,  plains  or 
jacQuards  of  similar  fabrics,  composed  wholly  or  in  part  of 
wool,  worsted,  the  hair  of  the  camel,  alpaca,  goat,  or  like 
animal,  not  exceeding  in  weight  six  ounces  to  the  square  yard, 
when  imported  in  the  gray  or  unfinished  state  for  the  purpose 
of  being  dyed  or  finished  in  Canada,  under  such  regulations 
as  are  established  by  the  Governor  in  Council,  25  p.  c.  ad  val. 

387.  Socks  and  stockings  of  all  kinds,  35  p.  c.  ad  val. 

388.  Knitted  goods,  n.  e.  s.,  undershii'-ts  and  drawers,  and 
hosiery   of  all   kinds,   n.    e.    s.,   35  p.   c.   ad   val. 

389.  Shawls  of  all  kinds;  railway  or  traveling  rugs  and 
lap   dusters  of  all  kinds,  30  p.   c.  ad  val. 

390.  Wool,  viz.:  Leicester,  Cotswold,  Lincolnshire,  South- 
down combing  wools,  or  wools  known  as  lustre  wools  and 
other  like  combing  wools,  such  as  are  grown  in  Canada,  3c 
per  lb. 

391.  Worsted  tops  made  from  such  wools  as  are  mentioned 
in  the  next  preceding  item,   i£  p.  c.  ad  val. 

392.  Yarns,  woolen  and  worsted,  n.  e.  s.,  30  p.  c.  ad  val. 

393.  Yarrs,  composed  wholly  or  in  part  of  wool,  worsted, 
the  hair  of  the  alpaca,  goat  or  like  animal,  costing  thirty  cents 
per  pound  and  over,  when  imported  on  the  cop  or  tube  or  in 
the  hank  by  manufacturers  of  woolen  goods  for  use  in  their 
products.   20  p.   c.    ad   val. 

394.  Fabrics,  manufactures,  wearing  .apparel  and  ready- 
made  clothing,  composed  wholly  or  in  part  of  wool,  worsted, 
the  hair  of  the  alpaca,  goat  or  other  like  animal,  n.  e.  s. , 
blankets,  bed-comforters,  or  counterpanes,  flannels,  cloths, 
doe-skins,  cassimeres,  tweeds,  coatings,  overcoatings  and  felt 
clo^h,  n.  e.  s.,  35  p.  c.  ad  val. 

395.  Mats,  door  or  carriage,   n.  e.   s.,  35  p.  c.  ad  val. 

396.  Carpeting  rugs,  mats,  aid  matting  of  cocoa,  straw, 
hemp  or  jute,  carpet  linings  and  stair  pads,  25  p.  c.  ad  val. 

397.  Turkish  or  imitation  Turkish  or  other  rugs  or  car- 
pets; and  carpets,   n.   e.   s.,  35  p.  c.  ad  val. 


CUSTOMS   TARIFF. 


701 


398.  Enameled    carriage,    floor,    shelf,    and     table    oilcloth, 
linoleum,   and   cork  matting   or   carpets,  30   p.   c.   ad  val. 

399.  Window    shades    in   the    piece   or    cut   and    hemmed    or 
mounted  on  rollers,  n.  e.  s.,  35  p.  c.  ad  val. 

400.  Webbing,   elastic   and   non-elastic,   20   p.   c.    ad   val. 

401.  Umbrellas,    parasols    and    sunshades    of    all    kinds    and 
mater. 2ls,  35  p.  c.  ad  val 

402.  Gloves  and  mitts,  of  all  kinds,  35  p.  c.  ad  val. 

403.  Hats,   caps  and   bonnets,   n.    e.    s.,   and  hat,     cap    and 
bonnet  shapes,  30  p.  c.  ad  val. 

404.  Braces  or  suspenders,  and  metal  parts  thereof,  35  p 
ad  val. 

405, 
val. 
406. 
407 


C. 


Boot,  shoe  and  stay  laces  of  any  material,  30  p.   c.   ad 


Fur  skins,  wholly  or  partially  dressed,   15  p.   c.  ad  val. 
Caps,    hats,    muffs,    tippets,     capes,    coats,     cloaks     and 
manufactures   of   fur,   n.    o.    p  ,   30   p.    c.    ad   val. 
408.    Church    vestments   of   any    material,   20   p.    c.    ad   val. 


SUNDRIES. 

409.  Ships  and  other  vessels,  built  in  any  foreign  country, 
whether  steam  or  sailing  vessels,  on  application  for  Cana'iian 
register,  on  the  fair  market  value  of  the  hull,  rigging,  ma- 
chinery and  all  appurtenances;  on  the  hull,  rigging  and  all 
appurtenances,  except  machinery,  ten  per  cent  ad  val.;  on 
the  boilers,  steam  engines  and  other  machinery,  25  p.  c.  ad  val. 

410.  Canoes,  skiffs,  or  open  pleasure  sail-boats,  of  any  tra- 
terial,   25    p.    c.    ad    val. 

411.  CpTivzi,  and  sail  twine  of  hemp  and  flax,  when  to  be 
used  foi    ,''>   'a'   and   ships'   sails,  5   p.   c.   ad  val. 

412.  y-iiu  >.r\g  nnd  mining  powder,  2c  per  lb. 

413.  Cannv.T,  musket,  rifle,  fun  and  sporting  powder  and 
canister   powder,    3c    per    lb. 

414.  Nitro-glycerine,  ginnt  powder,  nitre  and  other  explo- 
sives,  3c   per   lb. 

415.  Glycerine,  when  imported  by  manufacturers  of  explo- 
sives, for  use  in  the  manufacture  ther>.of  in  their  own  fac- 
tories,   ID   p.   c.   ad   val. 

4x6.  Torpedoes,  firecrackers,  and  fireworks  of  all  kinds,  25 
p.    C.    »nf?    yP-A. 

417.  J  ^  lUi-rs,  compounded  or  manufactured,  10  p.  c.  ad 
val. 


■;H-^ 


Si* 


i  -5' 


703 


DOMINION   OF  CANADA. 


418.  Lamp  wicks,  25  P«  c  ad  val. 

419.  Photographic   dry   plates,    30   p.    c.    ad  val. 

420.  Emery  wheels,  and  manufactures  of  emery,  25  p.  c. 
ad  val. 

421.  Lead  pencils,  pens,  penholders  and  rulers  of  all  kinds, 
25  p.  c.  ad  val. 

422.  Magic  lanterns  and  slides  therefor,  philosophical, 
photographic,  mathematical  and  optical  instruments,  n.  e.  s., 
cyclometers  and  pedometers,  and  tape  lines  of  any  material, 
25  p.  c.  ad  val. 

423.  Tobacco  pipes  of  all  kinds,  pipe  mounts,  cigar  and 
cigarette  cases)  cigar  and  cigarette  holders,  and  cases  for  the 
same,  smokers'  sets  and  cases  therefor,  ana  tobacco  pouches, 
35  p.  c.  ad  val. 

424.  Trunks,  valises  *  boxes,  carpet  bags,  tool  bags  or 
baskets,  satchels,  reticult  .usical  instrument  cases,  purses, 
portmanteaux,  pocket-books,  fiy  books,  and  parts  thereof,  n. 
o.  p.,  and  baskets  of  all  kinds,  30  p.  c.  ad  val. 

425.  Frames,  clasps  and  fasteners  for  purses  and  chatelaine 
bags  or  reticules  not  more  than  seven  inches  in  width,  when 
imported  by  manufacturers  of  purses  and  chatelaine  bags  or 
reticules,  for  use  in  the  manufacture  thereof,  in  their  own 
factories,  20  p.  c.  ad  val. 

426.  Buttons,  viz. :— Pantaloon  buttons  wholly  of  metal,  and 
shoe  buttons,  n.  e.  b.,  25  p.  c.  ad  val. 

Buttons  of  all  kinds  covered  or  not,  n.  o.  p.,  including  rec- 
ognition buttons,  and  cuff  or  collar  buttons  (not  being  jewel- 
17)1  35  P«  c.  ad  val. 

427.  Combs  for  dress  and  toilet,  including  mane  combs,  of 
all   kinds,  35   p.    c.   ad   val. 

428.  Brushes,  of  all  kinds,  25  p.   c.  ad  val. 
420.    Hair,   curled   or   dyed,   20   p.   c.   ad   val. 

430.  Artificial  flowers,   25   p.   c.   ad   val. 

431.  Twine  and  cordage  of  all  kinds,  n.  e.  s.,  25  p.  c.  ad  val. 

432.  Rove,  when  imported  for  the  manufacture  of  twine  for 
harvest  binders,  5  p.  c.  ad  val. 

433.  Binders*  twine  or  twine  for  harvest  binders  of  hemp, 
jute,  manilla  or  sisal,  and  of  manilla  and  sisal  mixed,  10  p.  c. 
ad  val.   until   ist  January,    1898;  thereafter  to  be  free. 

434.  Hammocks,  lawn  tennis  nets,  sportsmen's  fish  nets, 
and  other  articles  manufactured  of  twine,  n.  o.  p.,  30  p.  c 
ad  val. 


43 
coloi 
stanc 

43< 
stand 
trans 
sugar 
free, 

437 
syrup, 
per  lb 

438. 
cludinj 
lb.  an( 

439- 
440. 
uct  of 
of  or  ; 

44X. 
cane  su 
with  ai 
package 
and  not 
mixing, 
free — 

(a.)    ' 
per   gal. 

(b.) 
and   not 
addition 
tion  of  i 
degree. 


442.    C 

include  tl 

p.  c.  ad  A 

443-    Ci 

444>    M 


CUSTOMS   TARIFF. 


703 


SUGAR,   SYRUPS   AND    MOLASSES. 

435.  All  sugar  above  number  sixteen  Dutch  standard  in 
color,  and  all  refined  sugars  of  whatever  kinds,  grades  or 
standards,   ic  per  lb. 

436.  Sugar,  n.  e.  s.,  not  above  number  sixteen  Dutch 
standard  in  color,  sugar  drainings,  or  pumpings  drained  in 
transit,  melado  or  concentrated  melado,  tank  bottoms  and 
sugar  concrete,  the  usual  packages  in  which  imported  to  be 
free,  i«2C  per  lb. 

437.  Glucose  or  grape  sugar,  glucose  syrup  and  corn 
syrup,  or  any  syrups  containing  any  admixture  thereof,  3-4C 
per  lb. 

438.  Sugar  candy,  brown  or  white,  and  confectionery,  in* 
eluding  sweetened  gums,  candied  peel  and  pop-corn,  i-zc  per 
lb.  and  35  p.  c.  ad  val. 

439.  Maple  sugar,  and  maple  sprup,  20  p.   c.   ad  val. 

440.  Syrups  and  molasses  of  all  kinds,  n.  o.  p.,  the  prod> 
uct  of  the  sugar  cane  or  beet,  n.  e.  s.,  and  all  imitations  there- 
of or  substitutes   therefor,    3-4C   per   lb. 

441.  Molasses  produced  in  the  process  of  the  manufacture  of 
cane  sugar  from  the  juice  of  the  cane  without  any  admixture 
with  any  other  ingredient,  when  imported  in  the  original 
package  in  which  it  was  placed  at  the  point  of  production 
and  not  afterwards  subjected  to  any  process  of  treating  or 
mixing,  the  package  in  which  imported,  when  of  wood,  to  be 
free — 

(a.)  Testing  by  polariscope  forty  degrees  or  over,  1  3-40 
per   gal. 

(b.)  When  testing  by  polariscope  less  than  forty  degrees 
and  not  less  than  thirty-five  degrees,  i  3-4C  per  gal.,  and.  in 
addition  thereto  one  cent  per  gallon  for  each  degree  or  frac- 
tion of  a  degree  less  than  forty  degrees,  ic  additional  per 
degree. 


TOBACCO,  AND  MANUFACTURES  OF. 

443.  Cigars  and  cigarettes,  the  weight  of  the  cigarettes  to 
include  the  weight  of  the  paper  covering,  $3  per  lb.,  and  2$ 
p.  c.  ad  val. 

443.  Cut  tobacco,   55c  per  lb. 

444.  Manufactured  tobacco,  n.  e.  s.,  and  snuff,  50c  per  lb. 


704 


DOMINION    OF   CANADA. 


445.  Foreign  leaf  raw  tobacco,  unstemmed,  unmanufactured, 
for  excise  purposes,  under  conditions  of  the  Inland  Revenue 
Act,  after  30th  June,  1897,  loc  per  lb.,  to  be  computed  on  the 
-weight    when    ex-warehoused. 

446.  Foreign  raw  leaf  tobacco,  stemmed,  unmanufactured, 
for  excise  purposes,  under  conditions  of  the  Inland  Revenue 
Act,  after  30th  June,  1897,  14c  per  lb.,  to  be  computed  on  the 
-weight  when  ex-warehoused. 


UNENUMERATED  GOODS. 

447.  All  goods  not  enumerated  in  this  Act  as  subject  to 
any  other  rate  of  duty,  nor  declared  free  of  duty  by  this  Act, 
and  not  being  goods  the  importation  whereof  is  by  this  Act 
or  any  other  Act  prohibited,  shall  be  subject  to  a  duty  of  20 
p.  c.  ad  val. 


SCHEDULE    B. 


FREE  GOODS. 

448.    Articles  for  the  use  of  the  Governor-General. 

440.  Articles  v.  hen  imported  by  and  for  the  use  of  the 
Army  and  Navy,  viz.:  Arris,  military  or  naval  clothing,  mu- 
sical instruments  for  bands,  military  stores  and  munitions  of 
war;  also  articles  consigned  direct  to  officers  and  men  on 
board  vessels  of  Her  Majesty's  navy,  for  their  own  personal 
-use   or   consumption. 

450.  Articles  imported  by  or  for  the  use  of  the  Dominion 
Government,  or  of  any  of  the  departments  thereof,  or  by  and 
for  the  Senate  or  H'^use  of  Commons,  including  the  following 
articles  when  imported  by  the  said  Government  or  through 
any  of  the  Departments  thereof  for  the  use  of  the  Canadian 
militia:  Military  clothing,  musical  instruments  for  military 
bands,  military  stores  and  munitions  of  war. 

451.  Articles  for  the  personal  or  ofHcial  use  of  Consuls- 
General  who  are  natives  or  citizens  of  the  country  they  rep- 
resent and  who  are  not  engaged  in  any  other  business  or  pro- 
fession. 


45- 
the   ( 

453 
chand 
regula 

454- 
effects 
domic 
ture,  J 

455. 

niture, 

employ 

machin 

vehicle 

for  at 

include 

facturin 

able  art 

unless 

not  be  I 

until  afi 

also,   th) 

toms,  li^ 

west   Te 

otherwisi 

456.    1 

and  for  j 

of  exhibi 

cultural   ( 

in    accor( 

of   Custoi 

such  anil 

paid  in  cj 

in  the  tin 

457.  H 
ment  of  s 
and  appro 

458.  M 
under  reg 

459.  Ad 

460.  Ty 


CUSTOMS   TARIFF. 


TOf 


452.  Travelers'  baggage,  under  regulations  prescribed  by 
the   Controller  of   Customs. 

453.  Carriages  for  travelers  and  carriages  laden  with  mer- 
chandise and  not  to  include  circus  troupes  or  hawkers,  under 
regulations  prescribed  'by  the  Controller  of  Customs. 

454.  Apparel,  wearing  and  other  personal  and  household 
effects,  not  merchandise,  of  British  subjects  dying  abroad,  but 
domiciled  in  Canada;  books,  pictures,  family  plate  or  furni* 
ture,  personal  effects  and  heirlooms  left  by  bequest. 

455.  Settlers'  eflfects,  viz.:  Wearing  apparel,  household  fur- 
niture, books,  implements  and  tools  of  trade,  occupation  or 
employment,  guns,  musical  instruments,  domestic  sewing 
machines,  typewriters,  live  stock,  bicycles,  carts  and  other 
vehicles  and  agricultural  implements  in  use  by  the  settler 
for  at  least  six  months  before  his  removal  to  Canada,  not  to 
include  machinery,  or  articles  imported  for  use  in  any  manu- 
facturing  establishment,  or  for  sale;  provided  that  any  duti- 
able article  entered  as  settlers'  effects  may  not  be  so  entered 
unless  brought  with  the  settler  on  his  first  arrival,  and  shall 
not  be  sold  or  otherwise  disposed  of  without  payment  of  duty, 
until  after  twelve  months'  actual  use  in  Canada;  provided 
also,  that  under  regulations  made  by  the  Controller  of  Cus- 
toms,  live  stock,  when  imported  into  Manitoba  or  the  North- 
west Territories  by  intending  settlers,  shall  be  free  •  until 
otherwise   ordered   by   the    Governor   in    Council. 

456.  Animals  and  articles  brought  into  Canada  temporarily 
and  for  a  period  not  exceeding  three  months,  for  the  purpose 
of  exhibition  or  of  competition  for  prizes  offered  by  any  agri- 
cultural or  other  association  (but  a  bond  shall  be  first  given 
in  accordance  with  regulations  prescribed  by  the  Controller 
of  Customs,  with  the  condition  that  the  full  duty  to  which 
such  animals  or  articles  would  otherwise  be  liable  shall  be 
paid  in  case  of  their  sale  in  Canada,  or  if  not  re-exported  with- 
in the  time  specified  in  such  bond). 

457'  Horses,  cattle,  sheep,  swine  and  dogs,  for"  the  improve- 
ment of  stock,  under  regulations  made  by  the  Treasury  Board 
and  approved  by  the   Governor  in  Council. 

458.  Menageries,  horses,  cattle,  carriages  and  harness  of, 
under  regulations   prescribed   by  the   Controller  of   Customs. 

459*    Admiralty  charts. 

460.    Typewriters,    tablets   with   movable   fixtures,   and   musi- 


■f 


45 


yc6 


DOMINION    OF   CANADA. 


cal  initruments,  when  imported  by  and  for  the  use  of  schools 
for  the  blind,  and  being  and  remaining  the  sole  property  of  the 
governing  bodies  oi  the  said  schools  and  not  of  private  individ- 
uals; the  above  particulars  to  be  verified  by  special  affidavit 
on  each   entry  when   presented. 

461.  Globes,  geographical,  topographical  and  astronomical; 
maps  and  charts  for  the  use  of  schools  for  the  blind;  picto- 
rial  illustrations  of  insects  or  similar  studies,  when  imported 
for  the  use  of  colleges,  schools  and  scientific  and  literary  so- 
cieties;  manuscripts  and  insurance  maps,  and  album  insides 
oi  paper. 

46a.  Philosophical  instruments  and  apparatus— that  is  to 
say,  such  as  are  not  manufactured  in  Canada,  when  imported 
for  use  in  universities,  colleges,  schools,  scientific  societies, 
and  public  hospitals. 

463.  Botanical  and  entomological  specimens;  mineralogica) 
specimens;  skins  of  birds,  and  skinn  of  animals  not  natives  of 
Canada,  for  taxidermic  purposes,  not  further  manufactured 
than  prepared  for  preservation;  fish  skins;  and  anatomical 
preparations  and  skeletons  or  parts  thereof;  and  specimens, 
models  and  wall  diagrams  for  illustration  of  natural  history  for 
universities  and  public  museums. 

464.  Books,  viz.:  Books  on  the  application  of  science  to 
industries  of  all  kinds,  including  books  on  agriculture,  horti- 
culture,  forestry,  fish  and  fishing,  mining,  metallurgy,  archi- 
tecture, electric  and  other  engineering,  carpentry,  ship  build- 
ing, mechanism,  dyeing,  bleaching,  tanning,  weaving  and 
other  mechanic  arts,  and  similar  industrial  books;  also  books 
printed  in  any  language  other  than  the  English  and  French 
languages,  or  in  any  two  languages  not  being  English  and 
French,  or  in  any  three  or  more  languages;  and  Bibles, 
prayer-books  psalm  and  hymn-books,  religious  tracts,  and 
Sunday-school  lesson  pictures. 

465.  Books,  embossed,  for  the  blind,  and  books  for  tke 
instruction  of  the  deaf  and  dumb  and  bliad. 

466.  Books  printed  by  any  government  or  by  any  associa- 
tion for  the  promotion  of  science  or  letters,  and  official  annual 
ireports  of  religious  or  benevolent  associations,  and  iaaoed  ia 
the  course  of  the  proceedings  of  the  said  associations,  to  tiieir 
snembtrs,   and  not   for  the   purpose  of  sale  or  trade. 

467.  Books,  not  printed  or  reprimtei  la  Ca«ad«,  wliidi  are 


CUSTOMS   TARIFF. 


707 


tke 

>eia* 
Inual 
itt 
leir 

are 


included  and  used  as  text-books  in  the  curriculum  of  any  uni- 
versity, incorporated  college  or  normal  school  in  Canada; 
books  specially  imported  for  the  buna  fide  use  of  incorporated 
mechanics'  institutes,  public  libraries,  libraries  of  universities^ 
colleges  and  schools,  or  for  the  library  of  any  incorporated 
medical,  law,  literary,  scientific  or  art  association  or  society, 
and  being  the  property  of  the  organized  authorities  of  such  li- 
brary,  and  not  in  any  case  the  property  of  individuals — the 
whole  under  regulations  to  be  made  by  the  Controller  of  Cus* 
toms — Provided  that  importers  of  books  who  have  sold  the 
same  for  the  purpose  mentioned  in  this  item,  shall,  upon 
proof  of  sale  and  delivery  for  such  purpose,  be  entitled  to  a 
refund  of  any  duty  paid  thereon, 

468.  Books,  bound  or  unbound,  which  have  been  printed 
and  manufactured  more  than  twelve  years. 

469.  Newspapers,  and  quarterly,  monthly  and  semi-month- 
ly magazines,  and  weekly  literary  papers,  unbound;  and  tailorsV 
milliners'    and    mantle    makers'    fashion    plates. 

470.  Paintings  in  oil  or  water  colors,  by  artists  of  well- 
known  merit,  or  copies  of  the  old  masters  by  such  artists;  and 
paintings,  in  oil  or  water  colors,  the  production  of  Canadian 
artists,  under  regulations  to  be  made  by  the  Controller  of  Cus- 
toms. 

471.  Clothing  and  books,  donations  of,  for  charitable  pur- 
poses, and  photographs,  not  exceeding  three,  sent  by  friends 
and  not  for  the  purpose  of  sale. 

472.  Life-boats  and  life-saving  apparatus  specially  imported 
by  societies  established  to  encourage  the  saving  of  human  life. 

473.  Coins,  cabinets  of,  collections  of  medals  and  of  other 
antiquities  including  collections  of  postage  stamps;  gold  and 
silver  eoins,  except  United  States  silver  coin;  medals  of  gold,. 
silver  or  copper,  and  other  metallic  articles  actually  bestowed 
as  trophies  or  prizes  and  received  and  accepted  as  honorary 
distinctions,  and  cups  or  other  prizes  won  in  bona  fide  com- 
petitions; and  medals  commemorating  the  Diamond  Jubilee  of 
Her  Majesty  Queen  Victoria,  until  the  thirty-first  of  Decem- 
ber,  1897,   and  dies  for  manufacturing  such   medals. 

474.  Locomotive  and  railway  passenger,  baggage  and  freight 
cars,  being  the  property  oi  railway  companies  in  the  United 
States,  funning  upon  any  line  of  road  crossing  the  frontier, 
s*  Hmg  as   Caaadiaa   locomotives  and   cars  arc  admitted  free 


I 


1*1^ 


7o8 


DOMINION   OF  CANADA. 


under  similar  circumstances  into  the  United  States,  under  reg- 
ulations prescribed  by  the  Controller  of  Customs. 

475.  Models  of  inventions  and  of  other  improvements  in 
the  arts— but  no  article  shall  be  deemed  a  model  which  can  be 
fitted  for  use. 

476.  Aluminum  in  ingots,  blocks  or  bars,  strips,  sheets  or 
plates;  alumina  and  chloride  of  aluminum,  or  chloralum,  sul* 
phate  of  alumina  and  alum  cake;  and  alum  in  bulk  only, 
ground  or  unground. 

477.  Ambergris;  ammonia,  sulphate  of,  sal*ammoniac,  and 
nitrate  of  ammonia;  arsenic;  bromine,  Burgundy  pitch;  cin> 
tiabar,  cochineal,  cyanide  of  potassium,  and  cyanogen  or  com> 
pound  of  bromine  and  potassium  for  reducing  metals  in  min* 
ing  operations;  iodine,  crude;  kryolite  or  cryolite,  mineral; 
oxalic  acid;  quinine,  salts  of;  saltpetre;  calcareous  tufa;  ali- 
zarine and  artificial  alizarine;  aniline  oil,  crude;  aniline  salts 
and  arsenite  of  aniline;  annatto,  liquid  or  solid;  aniline  dyes 
and  coal  tar  dyes  in  bulk  or  packages  of  not  less  than  one 
pound  weight. 

478.  Antimony  salts;  antimony,  or  regulus  of,  not  ground, 
pulverized  or  otherwise  manufactured. 

479.  Artificial  limbs. 

480.  Asphalt  or  asphaltum;  bone  pitch,  crude  only;  and 
Tesin  or  rosin  in  packages  of  not  less  than  one  hundred 
pounds;  and  resin  oil. 

481.  Anchors  for  vessels. 

482.  Bees. 

483.  Bells,  when   imported  for  the  use  of  churches  only. 

484.  Bismuth,  metallic,  in  its  natural  state;  blood  albumen 
«nd  tannic  acid. 

485.  Blast   furnace   slag. 

486.  Blanketing  and  lapping,  and  discs  or  mills  for  engrav- 
ing copper  rollers,  when  imported  by  cotton  manufacturers, 
■calico  printers,  and  wall  paper  manufacturers,  for  use  in  their 
own   factories   only. 

487.  Bolting  cloth   not   made   up. 

488.  Bones,  crude,  not  manufactured,  burned,  calcined, 
^ound  or  steamed. 

489.  Book>binders*  cloth. 

490.  Boracic  acid,  and  borax,  ground  or  unground,  in  bulk 
of  not  less  than  twenty-five  pounds. 


i 


CUSTOMS'  TARIFF. 


709 


491.    Bristles,   broom  corn  and  hair  brush   pads. 

402.  Brass  and  copper,  old  and  scrap,  or  in  blocks;  and 
brass  or  copper  in  bolts,  bars  and  rods  in  coil  or  otherwise, 
not  less  than  six  feet  in  length,  unmanufactured,  and  brass 
or  copper  in  strips,  sheets  or  plates,  not  polished,  planished 
or  coated,  and  brass  or  copper  tubing,  in  lengths  of  not  less 
than  six  feet,  and  not  polished,  bent  or  otherwise  manufac- 
tured,  and  copper  in  ingots  or  pigs. 

493.  Britannia   metal   in  pigs,   blocks  or  bars. 

494.  Buckram,  when  imported  for  the  manufacture  of  hat 
and  bonnet  shapes. 

495.  Bullion,  gold  and  silver,  in  ingots,  blocks,  bars,  drops, 
sheets  or  plates,  unmanufactured;  gold  and  silver  sweepings, 
and  bullion  or  gold  fringe. 

496.  Burr-stones,  in  blocks,  rough  or  unmanufactured,  not 
bound  up  or  prepared  for  binding  into  mill-stones. 

497.  Caplins,  unfinished  Leghorn  hats  and  Manilla  hoods. 

498.  Casts,  as  models  for  the  use  of  schools  of  design. 

409.  Cane  and  rattans,  not  manufactured;  osiers  or  wil- 
lows, and  bamboos,  unmanufactured,  and  bamboo  reeds,  not 
further  manufactured  than  cut  into  suitable  lengths  for  walk- 
ing sticks  or  canes,  or  for  sticks  for  umbrellas,  parasols  or 
sunshades. 

500.  Cat-gut  or  gut  cord,  for  musical  instruments;  and  cat- 
gut or  worm  gut,  unmanufactured,  for  whip  and  other  cord. 

501.  Celluloid,  xylonite  or  xyolite  in  sheets,  and  in  lumps, 
blocks  or  balls  in  the  rough. 

502.  Chloride  of  lime,  in  packages  of  not  less  than  twenty- 
five  pounds  weight;  cobalt,  ore  of;  oxide  of  cobalt,  oxide  of 
tin  and  oxide  of  copper;  copper,  precipitate  of,  crude;  dragon's 
blood;  gypsum,  crude  (sulphate  of  lime);  lava,  unmanufac- 
tured; manganese,  oxide  of;  phosphorus;  litharge;  saffron,. 
saffron  cake,  sa£9ower,  and  extract  of;  sulphate  of  iron  (cop- 
peras) ;  sulphate  of  copper  (blue  vitriol) ;  sulphur  and  brim- 
stone, crude,  or  in  roll  or  flour;  tartar  emetic  and  gray  tartar;, 
cream  of  tartar  in  crystals  and  argal  or  argols;  verdigris,  or 
sub-acetate  of  copper,  dry,  zinc,  salts  of,  and  tartaric  acid 
crystals. 

503.  Chronometers   and  compasses   for  ships. 

504.  Citron,   lemon  and   orange  rinds   in  brine. 

505.  Clays,  including  China  clay,  fire  clay  and  pipe  clay; 
gannister  and  sand. 


i,  i 


•  i. 


'I'i  i  ''\m 


I 


I 


710 


DOMINION   OF  CANADA. 


506.  Coal,    anthracite   and   anthracite   coal   dust;   coke. 

507.  Coal  and  pine  pitch,  and  coal  and  pine  tar  in  pack- 
Ages  of  not  less  than  15  gallons. 

508.  Coir  and  coir  yarn;  raw  cotton  or  cotton  wool;  and 
-cotton  waste,  not  dyed,  cleaned,  bleached  or  otherwise  manu* 
-factured;  cotton  yams,  number  forty  and  finer;  and  mohair 
yarns. 

509.  Communion  plate,  when  imported  for  the  use  of 
•churches. 

5x0.    Crucibles,  clay  or  plumbago. 

511.    Curling  stones. 

Sia.  Cups,  brass,  being  rough  blanks,  for  the  manufacture 
•of  paper  shells  or  cartridges,  when  imported  by  manufactur- 
•ers  of  brass  and  papershells  and  cartridges,  for  use  in  the  man- 
iifacture  of  such  articles  in  their  own  factories. 

513.  Diamonds,  unset,  diamond  dust  or  bort  and  black,  for 
borers;  and  diamond  drills  for  prospecting  for  minerals,  not 
■to  include  motive  power. 

514.  Domestic  fowls,  pure-bred,  for  the  improvement  of 
atock,  homing  or  messenger  pigeons  and  pheasants  and  quails. 

515.  Drugs,  crude,  such  as  barks,  flowers,  roots,  beans,  ber- 
•ries,  balsams,  bulbs,  fruits,  insects,  grains,  gums  and  gum 
fesins,  herbs,  leaves,  nuts,  fruit  and  stem  seeds— which  are 
■not  edible  and  which  are  in  a  crude  state  and  not  advanced  in 
value  by  refining  or  grinding  or  any  other  process  of  manu- 
facture and  not  otherwise  provided  for;  egg  yolk;  fuller's 
•earth,  in  bulk  only,  not  prepared  for  toilet  or  other  purposes; 
lead,  nitrate  and  acetate  of,  not  ground;  litmus  and  all  lichens, 
prepared  or  not  prepared;  musk,  in  pods  or  in  grain;  roots, 
medicinal,  viz.  :~alkanet,  crude,  crushed  or  ground,  aconite, 
calumba,  folia  digitalis,  gentian,  ginseng,  jalap,  ipecacuanha, 
iris,  orris  root,  liquorice,  sarsaparilla,  squills,  taraxacum,  rhu- 
1>arb  and  valerian,  unground;  vaccine  and  ivory  vaccine  points; 
gum  chicle  or  sappato  gum,  crude;  platinum  and  black  oxide 
of  copper,  for  use  in  the  manufacture  of  chlorate;  potash, 
chlorate  of,  not  further  prepared  than  ground,  and  free 
-from  admixture  with  any  other  substance;  and  bacteriological 
products  or  serum  for  subcutaneous  injection. 

516.  Duck  for  belting  and  hose,  when  imported  by  manu- 
'facturers  of  such  articles  for  use  in  the  manufacture  thereof 
4n  their  own  factories;  and  canvas  or  fabric,  not  frictionized,  for 


CUSTOMS  TARIFF. 


711 


the  manufacture  of  bicycle  tiret  when  imported  by  the  manu* 
facturers  of  bicycle  tires  for  use  exclusively  in  the  manufacture 
of  bicycle  tires  in  their  own  factories. 

517.  Dyeing  or  tanning  articles,  in  a  crude  state,  used  in 
dyeing  or  tanning,  n.  e.  a.,  berries  for  dyeing  or  used  for  com> 
posing  dyes;  turmeric,  nut  galls  and  extracts  thereof;  lac, 
crude,  seed,  button,  stick  and  shell;  indigo,  indigo  paste  and 
extract  of,  and  indigo  auxiliary  or  tine  dust;  persis,  or  extract 
of  archill  and  cudbear;  terra  Japonica,  gambler  or  cutch,  ex* 
tract  of  logwood,  fustic,  oak  and  oak  bark  and  quebracho; 
camwood  and  sumac  and  extract  thereof,  tanner's  bark,  hem- 
lock bark  and  oak  bark;  ground  logwood,  ground  fustic,  pat- 
ent prepared  dyes,  and  ground  oak  bark;  iron  liquor,  solutioni 
of  acetate  or  nitrate  of  iron  for  dyeing  ahd  calico  printing; 
madder  and  munjeet,  or  Indian  madder,  ground  or  prepared, 
and  all  extracts  of;  red  liquor,  a  crude  acetate  of  aluminum 
prepared  from  pyroligneous  acid,  for  dyeing  and  calico  print' 
ing. 

518.  Emery  in  bulk,  crushed  or  ground. 

519.  Felt,  adhesive  for  sheathing  vessels. 

Sao.  Fertilizers,  uncompounded  or  unmanufactured,  includ- 
ing  phosphate  rock,  kainite  or  German  potash  salts,  German 
•nineral  potash,  bone-dust,  bone  black  or  charred  bone  and 
uone-ash,  fish  offal  or  refuse,  guano  and  other  animal  or  veg- 
etable manures. 

$21.  Fibre,  Mexican,  natural,  and  tampico  or  istle  'and  veg- 
etable fibres;  fibrilla,  flax  fibre  and  flax  tow;  grass,  Manilla, 
Esparto  or  Spanish,  and  other  grasses,  and  pulp  of,  including 
fancy  grasses,  dried  but  not  colored  or  otherwise  manufac- 
tured; moss,  Iceland,  and  other  mosses,  seagrass  and  sea- 
weed, crude  or  in  their  naturai  state,  or  cleaned  only;  and 
kelp. 

53a.  Fire  bricks,  for  use  in  processes  of  manufacture  or  for 
manufacturing    purposes. 

533.  Fillets  of  cotton  and  rubber  not  exceeding  seven 
inches  wide,  when  imported  by  and  for  the  use  of  manufac- 
turers of  card  clothing  in  their  own  factories. 

534.  Fish  hooks,  for  deep  sea  or  lake  fishing,  not  smaller 
in  size  than  number  ?.o;  bank,  cod,  pollack  and  mackerel  fish 
lines;  and  mackerel,  herring,  salmon,  seal,  seine,  mullet,  net 
j^nd  trawl  twine  in  hanks  or  coil,  barked  or  not— in  variety  of 


(t;  r' 


iii 


& 


712 


DOMINION    OF   CANADA, 


sizes  and  threads — including  gilling  thread  in  balls,  and  head 
ropes,  barked  marline,  and  net  morsels  of  cotton,  hemp  or 
flax,  and  deep  sea  fishing  nets  or  seines,  when  used  exclusively 
for  the  fisheries,  and  not  to  include  hooks,  lines  or  nets  com- 
monly used  for  sportsmen's  purposes. 

525.  Flint,  flints  and  ground  flint  stones;  feldspar,  cliff, 
chalk,  Chinu  or  Cornwall  stone,  ground  or  unground;  gravels; 
precious  stones  in  the  rough. 

526.  Florist     stock,     viz.: — Palms,      bulbs,     corms,      tubers, 
rhizomes,   araucaria,    spiraea   and   lilies   of   the   valley;    seedling 
stock    for    grafting,    viz. :    plum,    pear,    peach    and    other    fruit 
trees;   seeds,  viz.:  annatto,   beet,  carrot,   flax,   turnip,   mangold, 
mustard,    sowing    rapeseed     and     mushroom     spawn;     aromatic 
seeds  which  are  not  ediMe  and  are  in  a  crude  state,  and  not 
advanced  in  value  or  condition  by  grinding  or  refining  or  by 
any  other  process  of  manufacture,  viz. :  anise,  anise  star,   cara- 
way, cardamon,   coriander,    cumin,   fennel   and   fenugreek;    seed 
pease  and  seed  beans  from  Britain;  beans,  viz.:  tonquin,  vanil- 
la and  nux  vomica,  crude  only,  locust  beans  and  locust  bean 
meal,  and  cocoa  beans,  not  roasted,  crushed  or  ground;  fruits, 
viz.:    bananas,     plantains,     pineapples,     pomegranates,     guavas, 
mangoes   and    shaddocks;     wild   blueberries,    wild     strawberries 
and  wild  raspberries;  and  trees,  n.  e.  s. 

527.  Fossils,  shells,  tortoise  and  mother-of-pearl,  and  other 
shells  unmanufactured. 

528.  Foot-grease,  being  the  refuse  of  cotton  seed  after  the 
oil  h'>s  been  pressed  out,  but  not  when  treated  with  a''<alies; 
and  grease,  rough,  the  refuse  of  animal  fat  for  the  manufac- 
ture of  soap  and  oils  only. 

529.  Fur   skins   of   all   kinds   not   dressed   in  any   manner. 
<'tO.    Goldbeaiiers'   moulds  and  goldbeaters'   skins. 

531.  Gums,  viz. :— Amber,  Arabic,  Australian,  copal,  dammar, 
elemy,  kaurie.  mastic,  sandarac,  Senegal,  shellac;  and  white 
shellac  in  gum  or  flake,  for  manufacturini;  purposes;  and 
gum   tragacanth,   gum   gedda  and  gum   barbery. 

532.  Hair,  cleaned  or  uncleaned,  but  not  cuiled,  dyed  or 
othe-wise  manufactured;  and  horse-hair  not  further  manufac- 
tured than  simply  cleaned  and  dipped  or  dyed,  imported  by 
manufacturers  of  hair  cloth  for  use  in  the  manufacture  of  such 
article  in  their  own  factories. 

533.  Hatters'    furs,    not   on    the   skin   and   hatters'    plush    of 


sil 
an« 
im 
fac 


CUSTOMS  TARIFF. 


7»* 


Jl 


silk  or  cotton;  and  hatters'  bands  (nut  cords),  bindings,  tips^ 
and  sides,  bat  sweats  and  linings  both  tips  and  sides,  when- 
imported  by  hat  and  cap  manufacturers  for  use  in  the  manu- 
facture  of   these    articles    in   their   own    factories. 

534.  Hemp,  undressed. 

535.  Hemp  paper,  made  on  four  cylinder  machines  and  cal- 
endered to  between  .006  and  .008  inch  thickness  for  the  man- 
ufacture of  shot  shells;  primers  for  shot  shells  and  cartridges, 
and  felt  board  sized  and  hydraulic  pressed,  and  covered  with 
paper  or  uncovered,  for  the  manufacture  of  gun  wads,  when 
such  articles  are  imported  by  manufacturers  of  shot  shells, 
cartridge  and  Run  wads,  to  be  used  for  these  purposes  only 
in  their  own  factories,  until  such  time  as  the  said  articles  are 
manufactured  in  Canada:  Provided  always  that  the  said  ar- 
ticles, when  imported,  shall  be  entered  only  at  such  port  or 
port,  as  are  named  by  the  Controller  of  Customs,  and  at  no 
other  place;  samples  of  such  articles  to  be  furnished  to  the 
collector  of  the  said  port  or  ports  by  the  Customs  Department 
for  the  guidance  of  the  ofncers  when  accepting  free  entries 
of   such   materials. 

536.  Hides  and  skins,  raw,  whether  dry,  salted  or  pickled, 
and  raw  pelts. 

537.  Hoofs,  horn  strips,  horn  and  horn  tips,  in  the  rough, 
not    polished    or    otherwise   manufactured    than    cleaned. 

538.  Hoop  iron  not  exceeding  3-8  inch  in  width  and  being 
25  gauge  and  thinner,  used  for  the  manufacture  of  tubular 
rivets. 

539.  Ice. 

540.  Indian  corn,  not  for  purposes  of  distillation  and  un> 
der  Customs  regulations. 

541.  Ingot  moulds;  iron  sand  or  globules  or  iron  shut  and 
dry  putty  for  polishing  glass  or  granite. 

542.  Iron  or  steel  masts,  or  parts  thereof,  and  ire  or  steel 
beams,  angles,  sheets,  plates,  knees,  and  cable  cnain  for 
wooden,  iron,  steel,  or  composite  ships  and  vessels,  and  iron, 
steel  or  brass  manufactures  which  at  the  time  of  their  impor* 
tation  are  of  a  class  or  kind  not  manufactured  in  Canada, 
when  imported  for  use  in  the  construction  or  equipment  of 
ships  or  vessels. 

543.  Ivory  and  ivory  nuts,  piano  key  ivories  and  veneers- 
of  ivory  unmanufactured. 


714 


DOMINION   OF  CANADA. 


544.  Junk,  old. 

545.  Jute  and  jute  butts;  and  jute  cloth,  as  taken  from  the 
loom,  not  colored,  cropped,  mangled,  pressed,  calendered  nor 
^nished  in  any  way. 

546.  Jute,  flax  or  hemp  yam,  plain,  dyed  or  colored,  jute 
canvas,  not  pressed  or  calendered,  when  imported  by  the  man- 
ufacturers of  carpets,  rugs,  and  mats,  jute  webbing  or  jute 
•cloth,  hammocks,  twines  and  floor  oilcloth,  for  use  in  the 
manufacture  of  any  of  these  articles  only,  in  their  own  fac- 
tories. 

547.  Lamp   black  and   ivory  black. 

548.  Lastings,  mohair  cloth,  or  other  manufactures  of 
•cloth,  when  imported  by  manufacturers  of  buttons  for  use 
in  their  own  factories,  and  woven  or  made  in  patterns  of  such 
•size,  shape  or  form,  or  cut  in  such  manner  as  to  be  fit  for 
covering  buttons,  exclusively.  These  conditions  to  be  ascer- 
tained by  special  examination  by  the  proper  officer  of  customs, 
and  so  certified  on  the  face  of  each  entry. 

549.  Leeches. 

550.  Lime  juice,  crude  only. 

551.  Locomotive  and  car  wheel  tires  of  steel  in  the  rough. 

552.  Meerschaum,  crude  or  raw. 

553.  Metal  glove  fasteners;  papier-mache  shoe  buttons, 
«hoe  eyelets,  shoe  eyelet  hooks,  shoe  lace  wire  fasteners,  and 
sewing  machine  attachments. 

554.  Mineral  waters,  natural,  not  in  bottle,  under  regula- 
tions prescribed  by  the  Cr-  roller  of  Customs. 

555.  Machinery  importei  ^exclusively  for  mining,  smelting 
and  reducing,  viz.:— Coal  cutting  machines  except  percussion 
coal  cutters,  coal  heading  machines,  coal  augers  and  rotary 
coal  drills,  core  drills,  miners'  safety  lamps,  coal  washing  ma- 
chinery, coke-making  machinery,  ore  drying  machinery,  ore 
roasting  machinery,  electric  or  magnetic  machines  for  separat- 
ing or  concentrating  iron  ores,  blast  furnace  water  jackets, 
converters  for  metallurgical  processes  in  iron  or  copper, 
briquette  making  machines,  ball  and  rock  emery  grinding  ma- 
chines, copper  plates,  plated  or  not,  machinery  for  extraction 
of  precious  metals  by  the  chlorination  or  cyanide  processes, 
monitors,  giants  and  elevators  for  hydraulic  mining,  amalgam 
«afes,  automatic  ore  samplers,  automatic  feeders,  jigs,  classi* 
fiers,    separators,    retorts,    buddies,   vanners,     mercury     pumps. 


CUSTOMS  TARIFF. 


715 


pyrometers,  bullion  furnaces,  amalgam  cleaners,  gold  mining 
slime  tables,  blast  furnace  blowing  engines,  wrought  iron  tub* 
ing,  butt  or  lap  welded,  threaded  or  coupled  or  not,  not  less 
than  2  1-2  inches  diameter,  when  imported  for  use  exclusively 
in    mining,   smelting,    reducing   or   refining. 

556.  Nickel;  and  ores  of  metal  of  all  kinds;  and  silex  or 
crystallized  quartz. 

557.  Oakum. 

558.  Oils,  viz. :— Cocoanut  and  palm,  in  their  natural  state; 
and  carbolic  or  heavy  oil;  oil  of  roses  and  ottar  or  attar  of 
roses,  and  olive  oil  for  manufacturing  soap  or  tobacco,  or  for 
canning  fish. 

559.  Oil  cake  and  oil  cake  n^eal,  cotton  seed  cake  and  cot> 
ton  seed  meal,  and  palm  nut  cake  and  meal. 

560.  Oysters,  seed  and  breedmg,  imported  for  the  purpose 
of  being  planted  in  Canadian  waters. 

561.  Oleo-stearine  and  degras. 
56a.    Palm  leaf,  unmanufactured. 

563.  Plaits,  plain,  not  to  include  braid  or  fancy  trimmings, 
composed  of  chip,  manilla,  cotton,  mohair,  straw,  Tuscan  and 
grass. 

564.  Platinum  wire  and  platinum  in  bars,  strips,  sheets  or 
plates;  platinum  retorts,  pans,  condensers,  tubing,  and  pipe, 
when  imported  by  manufacturers  of  sulphuric  9'^'d  for  use  in 
their  works  in  the  manufacture  or  concentratic  jf  sulphuric 
acid. 

565.  Potash,  muriate  and  bichromate  of,  crude,  caustic,  pot- 
ash, and  red  and  yellow  prussiate  of  potash;  also  pot  and  pearl 
ash,  in  packages  of  not  less  than  twenty-five  pounds  weight. 

566.  Prunella. 

567.  Pumice  and  pumice  stone  ground  or  unground. 

568.  Quicksilver. 

569.  Quills  in  their  natural  state  or  unplumed. 

570.  Rags  of  cotton,  linen,  jute,  hemp  and  woolen,  paper 
waste  clippings,  and  waste  of  any  kind  except  mineral. 

571.  Rennet,   raw  and  prepared. 

572.  Ribs  of  brass,  iron  or  steel,  runners,  rings,  caps, 
notches,  ferrules,  mounts  and  sticks  or  canes  in  the  rough,  or 
not  further  manufactured  than  cut  into  lengths  suitable  for 
umbrella,  parasol  or  sunshade  or  walking  sticks,  when  import- 
ed by  manufacturers  of  umbrellas,   parasols  and  sunshades  for 


I 


■    I 


7i6 


DOMINION    OF   CANADA. 


use   in   their   factories   in   the   manufacture   of   umbrellas,   para- 
sols,  sunshades  or   walking   sticks. 

573.  Rubber  and  gutta  percha,  crude  caoutchouc  or  India- 
rubber,  unmanufactured;  powdered  rubber  and  rubber  waste; 
hard  rubber  in  sheets  but  not  further  manufactured,  and  re- 
covered rubber  and  rubber  substitute. 

574.  Rolled  round  wire  rods  in  the  coil,  of  iron  or  steely 
not  over  three-eighths  of  an  inch  in  diameter,  when  imported  by 
wire  manufacturers  for  use  in  making  wire  m  the  coil,  in  their 
own  factories. 

575.  Rubber  thread,   elastic. 

576.  Reeds,  square  or  round,  and  rawhide  centers,  textile 
leather  or  rubber  heads,  thumbs  and  tips,  and  steel,  iron  or 
nickel  caps  for  whip  ends,  when  imported  by  whip  manufactur- 
ers for  use  in  the  manufacture  of  whips  in  their  own  fac- 
tories. 

577.  Rollers,  copper,  for  use  in  calico  printing,  when  im- 
ported by  calico  printers  for  use  in  their  factories  in  the  print- 
ing of  calicoes  and  for  no  other  purpose  (such  rollers  not  be- 
ing manufactured   in   Canada). 

578.  Astrakhan  or  Russian  hare  skins  and  China  goat  plates 
or  rugs,   holly  or   partially   dressed,  but   not   dyed. 

579.  Salt,  imported  from  the  United  Kingdom  or  any 
British  possession,  or  imported  for  the  use  of  the  sea  or  gulf 
fisheries. 

580.  Sausage  skins  or  casings,  not  cleaned. 

581.  Scrap  iron  and  scrap  steel,  old  and  fit  only  to  be  re- 
manufactured,  being  part  of  or  recovered  from  any  vessel 
wrecked  in  waters  subject  to  the  jurisdiction  of  Canada. 

582.  Silk,  raw  or  as  reeled  from  the  cocoon,  not  being 
doubled,  twisted  or  advanced  in  manufacture  in  any  way;  silk 
cocoons  and   silk  waste. 

583.  Silk  in  the  gum,  or  spun,  when  imported  by  manufac- 
turers of  silk  underwear  to  be  used  for  such  manufacture  in 
their  own  factories. 

584.  Silver,  nickel  and  German,  in  ingots,  blocks,  bars, 
strips,   sheets   or  plates,   unmanufactured. 

585.  Steel  rails  weighing  not  less  than  45  pounds  per  lineal 
yard  for  use  only  in  the  tracks  of  a  railway  which  is  employed 
in  the  common  carrying  of  goods  and  passengers  and  is  oper- 
ated by  steam  motive  power  only;  provided  that  this  item  shall 


CUSTOMS  TARIFF. 


m 


not  extend  to  rails  for  tracks  of  a  railway  which  is  used  for  pri- 
vate purposes  only,  nor  shall  this  item  extend  to  rails  for  use 
in  the  tracks  of  any  electric  railway,  street  railway,  or  tram- 
way. 

586.  Soda,  sulphate  of,  crude,  known  as  salt  cake,  barilla 
or  soda  ash,  caustic  soda;  silicate  of  soda  in  crystals  or  in 
solution;  bichromate  of  soda,  nitrate  of  soda  or  cubic  nitre, 
«alsoda,  sulphide  of  sodium,  nitrate  of  soda;  arseniate,  binar- 
seniate,    chloride,    chlorate,   bisulphite   and   stannate   of   soda. 

587.  Spurs  and   stilts,   used  in  the   manufacture   of   earthen- 


Steel    bowls    for   cream    separators,    and    cream    separa- 


ware. 

S88. 
tors. 

589.  Steel  saws  and  straw  cutters  cut  to  shape,  but  not 
further  manufactured. 

590.  Crucible  sheet  steel,  eleven  to  sixteen  gauge,  two  and 
one-half  to  eighteen  inches  wide  for  the  manufacture  of  mower 
and  reaper  knives,  when  imported  by  the  manufacturers  there- 
of for  use  for  such  purpose  in  their  own  factories. 

591.  Steel  of  number  twenty  gauge  and  thinner,  but  not 
thinner  than  number  thirty  gauge,  for  the  manufacture  of  cor* 
set  steels,  clock  springs  and  shoe  shanks,  when  imported  by 
the  manufacturers  of  such  articles  for  exclusive  use  in  the 
manufacture   thereof   in   their  own  factories. 

592.  Flat  steel  wire,  of  number  sixteen  gauge  or  thinner, 
when  imported  by  the  manufacturers  of  crinoline  or  corset  wire 
and  dress  stays,  for  use  in  the  manufacture  of  such  articles  in 
their  own  factories. 

593.  Steel  valued  at  two  and  one-half  cents  per  pound  and 
upwards,  when  imported  by  the  manufacturers  of  skates,  for 
use  exclusively  in  the  manufacture  thereof  in  their  own  fac- 
tories. 

594.  Steel,  under  one-half  inch  in  diameter,  or  under  one- 
half  inch  square,  when  imported  by  the  manufacturers  of  cut- 
lery.or  of  knobs,  or  of  locks,  for  use  exclusively  in  the  manu- 
facture  of  such  articles  in   their  own  factories. 

595.  Steel  of  number  twelve  gauge  and  thinner,  but  not 
thinner  than  number  thirty  gauge,  for  the  manufacture  of 
buckle  clasps,  bed  fasts,  furniture  casters,  and  ice  creepers, 
when  imported  by  the  manufacturers  of  such  articles,  for  use 
exclusively  in  the  manufacture  thereof  in   their  own  factories. 


718 


DOMINION    OF   CANADA. 


596.  Steel  of  number  twenty-four  and  seventeen  gauge,  in 
sheets  sixty-three  inches  long,  and  from  eighteen  inches  to 
thirty-two  inches  wide,  when  imported  by  the  manufacturers 
of  tubular  bow  sockets  for  use  in  the  manufacture  of  such 
articles  in  their  own  factories. 

597.  Steel  for  the  manufacture  of  bicycle  chain,  when  im- 
ported by  the  manufacturers  of  bicycle  chain  for  use  in  the 
manufacture   thereof   in  their  own   factories. 

598.  Steel  for  the  manufacture  of  files,  augers,  auger  bits,, 
hammers,  axes,  hatchets,  scythes,  reaping  hooks,  hoes,  hand- 
rakes,  hay  or  straw  knives,  windmills  and  agricultural  or  har- 
vesting forks  when  imported  by  the  manufacturers  of  such  or 
any  of  such  articles  for  use  exclusively  in  the  manufacture 
thereof  in  their  own  factories. 

599.  Steel  springs  for  the  manufacture  of  surgical  trusses,, 
when  imported  by  the  manufacturers  for  use  exclusively  in  the 
manufacture  thereof  in  their  own  factories. 

600.  Flat  spring  steel,  steel  billets  and  steel  axle  bars,  when 
imported  by  manufacturers  of  carriage  springs  and  carriage 
axles  for  use  exclusively  in  the  manufacture  of  springs  and 
axles  for  carriages  or  vehicles  other  than  railway  or  tramway, 
in  their  own  factories. 

601.  Spiral  spring  steel  for  spiral  springs  for  railways,  when 
imported  by  the  manufacturers  of  railway  springs  for  use  ex- 
clusively in  the  manufacture  of  railway  spiral  springs  in  their 
own  factories. 

602.  Steel  strip  and  flat  steel  wire  when  imported  into  Can- 
ada by  manufacturers  of  buckthorn  and  plain  strip  fencing,. 
lor  use  in  the  manufacture  of  such  articles  in  their  own  fac- 
tories and  barbed  fencing  wire  of  iron  or  steel  after  January 
ist,   iSgB. 

603.  Galvanized  iron  or  steel  wire  number  nine,  twelve  and 
thirteen  gauge,  after  January   ist,   1898. 

604.  Stereotypes,  electrotypes  and  celluloids  of  newspaper 
columns  in  any  language  other  than  French  and  English,  and 
of  books,  and  bases  and  matrices  and  copper  shells  for  the 
same,  whether  composed  wholly  or  in  part  of  metal  or  cellu- 
loid. 

605.  Surgical  and  dental  instruments  (not  being  furniture) 
aad  surgical  needles,  alter  January  ist,  1898. 

606.  Tagging  atctal,  plain,  iapa«ncd  or  coated,  in  soils,  net 


CUSTOMS  TARIFF. 


7I5» 


over  one  and  a  half  inches  in  width,  when  imported  by  manu> 
facturers  of  shoe  and  corset  laces  for  use  in  their  factories. 

607.  Tails,   undressed. 

608.  Tea  and  green  coffee  imported  direct  from  the  coun- 
try of  growth  and  production,  and  tea  and  green  coffee  pur> 
chased  in  bond  in  the  United  Kingdom,  provided  there  iS' 
satisfactory  proof  that  the  tea  or  coffee  so  purchased  in  bond 
is  such  as  might  be  entered  for  home  consumption  in  the 
United  Kingdom. 

609.  Teasels. 

610.  Tin,  in  blocks,  pigs,  bars  and  sheets,  tin  plates,  tin 
crystals,  tin  strip  waste,  and  tin  foil,  tea  lead. 

611.  Timber  or  lumber  or  wood,  viz.:  lumber  and  timber 
planks  and  boards  of  amaranth,  cocoboral,  boxwood,  cherry » 
chestnut,  walnut,  gumwood,  mahogany,  pitch,  pine,  rosewood,, 
sandal-wood,  sycamore,  Spanish  cedar,  oak,  hickory,  white- 
wood,  African  teak,  blackheart  ebony,  lignum  vitae,  red  ce- 
dar, redwood,  satin-wood,  and  white  ash,  when  not  otherwise 
manufactured  than  rough-sawn  or  split  or  creosoted,  vulcan- 
ized or  treated  by  any  other  preserving  process;  sawed  or 
split  boards,  planks,  deals  and  other  lumber  when  not  further 
manufactured  than  dressed  on  one  side  only  or  creosoted,  vul- 
canized or  treated  by  any  preserving  process;  pine  and. 
spruce  clapboards;  timber  or  lumber  hewn  or  sawed,  squared 
or  sided  or  creosoted;  laths,  pickets  and  palings;  staves  not 
listed  or  jointed  of  wood  of  all  kinds:  firewood,  handle,  head- 
ing, stave,  and  shingle  bolts,  hop  poles,  fence  posts,  railroad 
ties;  hubs  for  wheels,  posts,  last  blocks,  wagon,  oar,  gun,  head- 
ing and  all  like  blocks  or  sticks  rough  hewn,  or  sav^ed  only; 
felloes  of  hickory  wood,  rough  sawn  to  shape  only,  or  roughr 
sawM  and  bent  to  shape,  not  planed,  smoothed  or  otherwise 
manufactured;  hickory  billets  and  hickory  lumber,  sawn  to 
shape  lor  spokes  of  wheels,  but  not  further  manufacturedv 
hickory  spokes,  rough  turned,  not  tenoned,  mitred,  throated^ 
faced,  sized,  cut  to  length,  round  tenoned  or  polished:  shingles- 
of  wood;  the  wood  of  the  persimmon  and  dogwood  trees;  and 
logs  and  round  unmanufactured  timber,  ship  timber  or  ship> 
planking,  not  specially  enumerated  or  provided  for  in  this  Act. 

tfta.    D  shovel  handles,  wholly  of  wood,  and  Me.  ican  saddle- 
trew  and  stirrups  of  wood. 

tfi3.    Corkwood,  t  cork  bark,  unmaanfacttured. 


*  f  1 


Wi:l 


Wmsi 


(p'K 


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i 

1 

i 

-I . 

"  I  ■ 
■  -l 

1 

i 

% 

■''9 

730 


DOMINION   OF   CANADA. 


614.  Sawdust  of  the  following  woods:  Amaranth,  cocobo- 
ral,  boxwood,  cherry,  chestnut,  walnut,  grumwood,  mahogany, 
pitch  pine,  rosewood,  sandal-wood,  sycamore,  Spanish  cedar, 
•oak,  hickory,  whitewood,  African  teak,  black-heart  ebony,  lig- 
num vitae,  red  cedar,  redwood,  satin-wood,  white  ash,  per- 
simmon and  dogwood. 

615.  Treenails. 

616.  Tobacco,  unmanufactured,  for  excise  purposes,  under 
•conditions  of  the  Inland  Revenue  Act,   until  July   ist,    1897. 

617.  Tubes,  rolled  iron  not  welded  or  joined,  under  one  and 
and  one-half  inch  in  diameter,  angle  iron,  nine  and  ten  gauge 
-not  over  one  and  one-half  inch  wide,  iron  tubing  lacquered  or 
"brass  covered,  not  over  one  and  one-half  inch  in  diameter,  all 
of  which  are  to  be  cut  to  lengths  for  the  manufacture  of  bed- 
steads, and  to  be  used  for  no  other  purpose,  and  brass  trim- 
mings for  bedsteads,  when  imported  by  or  for  manufacturers  of 
iron  or  brass  bedsteads  to  be  used  for  such  purposes  only  in 
their  own  factories,  until  such  time  as  any  of  the  said  articles 
are  manufactured  in  Canada. 

6x8.    Turpentine,  raw  or  crude. 

619.  Turtles. 

620.  After  xst  January,  i8g8,  binders*  twine,  or  twine  for 
harvest  binders,  of  hemp,  jute,  manilla  or  sisal,  and  of  manilla 
and  sisal  mixed,  and  all  articles  upon  which  duties  are  levied 
which  enter  into  the  cost  of  the  manufacture  of  such  twine, 
tinder  regulations  to  be  made  by  the  Controller  of  Customs. 

621.  Ultramarine  blue,  dry  or  in  pulp. 

622.  Varnish,  black  and  bright,  for  ships'  purposes. 

623.  Whalebone,  unmanufactured. 

634.  Whiting  or  whitening,  Paris  white  and  gilders'  whit- 
ing, blanc  fixe  and  satin  white. 

625.  Wire,  crucible  cast  steeL 

626.  Wire  rigging  for  ships  and  vessels. 

627.  Wire,  of  brass,  zinc,  iron  or  steel,  screwed  or  twisted, 
or  flattened  or  corrugated,  for  use  in  connection  with  nailing 
machines  for  the  manufacture  of  boots  and  shoes,  when  im- 
ported by  manufacturers  of  boots  and  shoes,  to  be  used  for 
such  purposes  only  in  their  own  factories. 

628.  Steel  wire,  Bessemer  soft  dawn  spring,  of  numbers  ten, 
twelve  and  thirteen  gauge,  respectively,  and  homo  steel  spring 
wire  of  numbers  eleven  and  twelve  gauge,   respectively,   when 


CUSTOMS  TARIFF. 


•J2X 


imported   by   manufacturers  of  wire  mattresses,   to  be  used   in 
their  own  factories  in  the  manufacture  of  such  articles. 

629.  Wool  and  the  hair  of  the  camel,  alpaca,  goat,  and  other 
like  animals,  not  further  prepared  than  washed,  n.  e.  s.;  noils 
being  the  short  wool  which  falls  from  the  combs  in  worsted 
factories;  and  worsted  tops,  n.  e.  s. 

630.  Wool  or  worsted  yarns,  when  genapped,  dyed  or  fin- 
ished and  imported  by  manufacturers  of  braids,  cords,  tassels 
and  fringes  to  be  used  in  the  manufacture  of  such  articles  only 
in  their  own  factories. 

631.  Yarn  spun  from  the  hair  of  the  alpaca  or  of  the  angora 
goat,  when  imported  by  manufacturers  of  braids  for  use  ex- 
clusively in  their  factories  in  the  manufacture  of  such  braids 
only,  under  such  regulations  as  are  adopted  by  the  Controller 
of  Customs. 

632.  Yellow  metal,  in  bolts,  bars  and  for  sheathing. 

633.  Zinc  spelter  and  zinc  in  blocks,  pigs,  sheets  and  plates; 
and   seamless    drawn   tubing. 

634.  Molasses,  second  process,  or  molasses  derived  from  the 
manufacture   of    "molasses    sugar,"    testing   by   polariscope    less 
than  35  degrees,   when  imported   by  manufacturers  of  blacking, 
for  use  in  their  own  factories,  in  the  manufacture  of  blacking — 
conditional  that  the  importers  shall,  in  addition  to  making  oath 
at  the   time  of  entry  that  such  molasses   is   imported  for  such 
ttse   and   will   not   be   used  for   any   other   purpose,    cause   such 
molasses  to  be  at  once  mixed  in  a  proper  tank  made  for  the  pur- 
pose  with  at   least   one-fifth   of  the  quantity   thereof  of   cod   or 
other  oil,    whereby   such    molasses    may   be   rendered   unfit   for 
any  other  use,    such   mixing  to   be   done  in  the  presence   of  a 
Customs  officer  at  the  expense  of  the  importer,  and  under  such 
further  regulations  as  are  from  time  to  time  considered  neces- 
sary in  the  interest  and  for  the  protection  of  the  revenue,  and 
that  until   such  mixing  is  done  and  duly  certified   on  the  face 
of  the  entry  thereof  by  such  Customs  officer  the  entry  shall  be 
held   to   be   incomplete   and  the  molasses   subject  to   the   usual 
rate  of  duty  as  when  imported  for  any  other  purpose. 

635.  Bags,  barrels,  boxes,  casks  and  other  vessels  exported 
filled  with  Canadian  products,  or  exported  empty  and  returned 
filled  with  foreign  products  and  articles  the  growth,  produce 
and  manufacture  of  Canada,  when  returned  after  having  been 
exported;   provided  that  proof  of  the   identity  of  such  articles 

46 


M 


7M 


DOMINION   OF  CANADA. 


and  goods  shall  be  made  under  regulations  to  be  prescribed  by 
the  Controller  of  Customs,  and  that  such  articles  and  goods  are 
returned  within  three  years  from  time  of  exportation,  without 
having  been  advanced  in  value  or  improved  in  condition  by 
any  process  of  manufacture  or  other  means;  provided  further 
that  this  item  shall  not  apply  to  any  article  or  goods  upon 
which  an  allowance  of  drawback  has  been  made,  the  re-importa* 
tion  of  which  is  hereby  prohibited  except  upon  payment  of 
duties  equal  to  the  drawback  allowed;  nor  shall  this  item  ap> 
ply  to  any  article  or  goods  manufactured  in  customs  or  excise 
bonded  warehouses  and  exported  under  any  provision  of  law. 


SCHEDULE  C. 


PROHIBITED  GOODS. 

636.  Books,  printed  paper,  drawings,  paintings,  prints,  photo- 
graphs or  representations  of  any  kind  of  a  treasonable  or  sedi* 
tious,  or  of  an  immoral  or  indecent  character. 

637.  Reprints  of  Canadian  copyright  works,  and  reprints  of 
British  copyright  works  which  have  been  copyrighted  in  Can* 
ada  also. 

638.  Coin    base  or  counterfeit. 

639.  Oleomargarine,  butterine  or  other  similar  substitute  for 
butter. 

640.  Tea  adulterated  with  spurious  leaf  or  with  exhausted 
leaves,  or  containing  so  great  an  admixture  of  chemical  or  other 
deleterious  substances  as  to  make  it  unfit  for  use. 

641.  Goods  manufactured  or  produced  wholly  or  in  part  by 
prison  labor,  or  which  have  been  made  within  or  in  connection 
with  any  prison,  jail  or  penitentiary;  also  goods  similar  in  char* 
acter  to  those  produced  in  such  institutions,  when  sold  or  of- 
fered for  sale  by  any  person,  firm  or  corporation  having  a 
contract  for  the  manufacture  of  such  articles  in  such  institu- 
tions or  by  any  agent  of  such  person,  firm  or  corporation,  or 
when  such  goods  were  originally  purchased  from  or  transferred 
by  any  such  contractor. 

SCHEDULE  D. 

RECIPROCAL  TARIFF. 

On  all  the  products  of  countries  entitled  to  the  benefits  of 
this  Reciprocal  Tariff,  under  the  provisions  of  section  sixteen* 


CUSTOMS  TARIFF. 


7*y 


the  duties  mentioned  in  schedule  A  shall  be  reduced  as  fol- 
lows:— 

On  and  after  th«  twenty-third  of  April,  1897,  until  the  thir- 
tieth  day  of  June.  1898,  inclusive,  the  reduction  shall  in  every 
case  be  on'>eighth  of  the  duty  mentioned  in  schedule  A,  and* 
the  duty  to  be  levied,  collected  and  paid  shall  be  seven*eighth» 
of  the  duty  mentioned  in  schedule  A. 

On  and  after  the  first  day  of  July,  1898,  the  reduction  shall 
in  every  case  be  one-fourth  of  the  duty  mentioned  in  schedule 
A,  and  the  duty  to  be  levied,  collected  and  paid  shall  be  three* 
fourths  of  the  duty  mentioned  in  schedule  A. 

Provided,  however,  that  these  reductions  shall  not  apply  to- 
any  of  the  following  articles,  and  that  such  articles  shall  in  all 
cases  be  subject  to  the  duties  mentioned  in  schedule  A,  viz.:— 
wines,  malt  liquors,  spirits,  spirituous  liquors,  Ifquid  medicines 
and  articles  containing  alcohol;  sugar,  molasses  and  syrups  of 
all  kinds,  the  product  of  the  sugar  cane  or  beet  root;  tobacco^ 
cigars  and  cigarettes. 


■lit 


i'ffi 


PART  XIII. 


MINING  FORMS  FOR  ALASKA  AND 
UNITED  STATES. 


PART    13. 

MINING   FORMS   FOR  USE  UNDER  UNITED   STATES 
LAWS  INCLUDING  Al^SKA. 


FORM  I. 
DISCOVERY  NOTICE. 


189 claim 


The lode,   discovered   by ,    

-feet V   and feet from   discovery.  

The  above  form  may  be  v.sed  by  prospectors  who  cannot  at 
time  of  discovery  run  the  lines,  and  definitely  describe  the 
location;  within  a  reasonable  time  (thirty  days),  the  lines 
should  be  surveyed  or  definitely  lo:ated,  and  a  new  location 
notice  posted.    (See  form  below.) 


FORM  2. 
NOTICE  OF  LOCATION. 

Notice  is  hereby  given  that  the  undersigned  having  com- 
plied with  the  requirements  of  chapter  6,  title  32,  Revised  Stat- 
utes of  the  United  States,  and  the  local  customs,  laws  and 
regulations,    has   located.... linear  feet   on   the.... lode,    situated 

in.... mining  district,  in  ....county.  State  of ;  described  as 

follows 

Discovered Located Locator. 

Care  must  be  taken  to  describe  the  claim  accurately  by  ref- 
erence to  natural  objects,  such  as  mountains  or  spurs,  and 
the  boundaries  must  also  be  distinctly  marked  on  the  ground 
to  show  the  extent  and  location  of  the  claim,  using  suitable 
monuments.  Should  be  as  nearly  as  practicable  as  the  follow- 
-ing  diagram: 


Stake.  O- 


Stake. 


O- 


-O  Stake. 


O 


Location  shn  ''t. 


-<>t»ke.  O- 


O  Discovery  stake. 
Stake. 


-O  Stake. 


MINING  FORMS. 


im 


>w- 


^' 


(If  a  placer  location  on   surveyed   lands,   describe  by   legal 
subdivisions.) 


LOCATION  CERTIFICATE-PLACER  CLAIM. 

Know  all   men  by  these  presents,   that  I, the  under> 

signed  citizen  of  the  United  States,  resident  of  the  county  of 

....   and  State  of having  complied  with  the  provisions  of 

chapter  6,  title  32  of  the  Revised  Statutes  of  the  United  States, 
and  with  local  customs,  laws  and  regulations,  claim  by  right 
of  discovery  and  location,  as  a  placer  claim,  the  following  prem- 
ises situate,  lying  and  being  in... mining  district  (or  county), 
county  of and  State  of to  wit:    (Description.) 

To  be  known  as:  (Name.) 

Located — ,   189..    Date  of  certificate ,   189.. 


FORM  3- 

LOCATION   CERTIFICATE— LODE   CLAIM. 

Know  all  men  by  these  presents,  that  I,  ,  of  the  county 

of State  of....,   claim   by   right   of   discovery   and   location 

....feet,  linear  and  horizontal  measrrement,  on  the.... lode, 
along  the  vein  thereof,  with  all  its  dips,  variations  and  angles; 
together  with.... feet  in  width  on  each  side  of  the  middle  of 
said  vein  at  the  surface,  and  all  vfins,  lodes,  ledges,  deposits 
and  surface  ground  within  the  lines  of  the  said  ciaim;....feet 
on  said  lode  running.... from  the  center  of  the  discovery  shaft, 

and feet  running.... from   ^aid   center  of  discovery   shaft. 

Said  claim  is  situated  in  the of in mining 

district,    county   of ,    State   of ,    and    bounded    and 

described  as  follows:  

Date  of  discovery....,    189..    Staked    and    located....,   189.. 

Date  of  certificate 189  

Attest:    

As  a  part  of  this  form,  and  in  addition  to  the  data  therein 
given,  the  claimant  is  reciuired  to  state  the  names  of  adjoining 
claims,  and  if  none  adjoin,  the  relative  positions  of  those  near- 
est, or  show  by  affidavit  or  otherwise  why  this  is  not  done. 
This  is  an  essential  requirement. 

This  notice  must  be  recorded  in  the  office  of  the  mining  re- 
corder and  in  the  office  of  the  auditor  of  the  county  in  which 
claim  is  situate. 


pi 

m 

N'l 

■■fell 

m 

m 


■'^.. 


728  UNITED    STATES   AND   ALASKA. 

FORM  4. 

AFFIDAVIT  OF  LABOR   PERFORMED. 

State  of county  of....,  ss: 

Before  me,  the  subscriber,  personally  appeared — who,  be- 
ing duly  sworn  said  that  at  least... dollars  worth  of  work  or  im* 
provements  were  performed  or  made  upon  the.... lode,  situate 

on mountain,    in mining    district,    county    of State    of 

....,  between  the  first  day  of A.   D.   189..,  and  the  thirty- 
first  day  of A.  D.  189..    Such  expenditure  was  made  by  or 

at   the  expense  of owner   (or  one   of  the   owners)    of  said 

claim,  for  the  purpose  of  complying  with  the  law  and  holding 
said  claim. 


Sworn  and  subscribed  to  before  me  this  —  day  of ,  A.  D.» 


189 


(Seal.) 


.,    Notary   Public. 


FORM  s. 
AMENDED   LOCATION   CERTIFICATE. 

Know  all  men  by  these  presents,  that  I, of  the  county 

of State  of...,  do  hereby  make  and  file  this,  my  amend- 
ed certificate  of  location  upon  the.... lode  mining  claim,  situate 

in.... mining   district,    county   of ,    State    of ,   claiming.... 

feet  in  width  on  each  side  of  the  center  of  said  lode  at  the  sur- 
face, and  all  veins,  lodes  and  ledges  within  the  lines  of  said 
claim,  with  their  dips,  variations  and  angles;  ...fifcet  on  said  lode 
running....,  ....degrees.... from  center  of  discovery  shaft, 
and feet  running degrees from  said  center  of  dis- 
covery shaft.  Said  lode  mining  claim  is  bounded  and  described 
as  follows,  to  wit:  Beginning  at  corner  No.  i  (describe  by 
metes  and  bounds  with  ties  from  surveyor's  notes)  being  the 
same  lode  of  which  the  original   location   certificate    (made   by 

)  is  filed  in in  the  ofilce  of  the  clerk  and  recorder  of 

said.... county.  This  amended  certificate  is  tiled  without  waiver 
of  any  previous  rights,  for  the  purpose  of  correcting  and  mak- 
ing more  specific  the  boundaries  and  description  of  said  lode 
as  orignally  located  upon  the  ground. 

Date  of  original   location A.   D Date   of  certificate 

• .  •  • ,  A*   JJ 


MINING  FORMS. 


7a> 


FORM  6. 
CERTIFICATE  OF  RELOCATION. 

.Know  all  men  by  these  presents,  that  I ,  of  the  county 

of ,   State    of ,    claim   by   right   of   relocation feet^ 

linear  and  horizontal  measurement,  on  the lode,  along  the 

vein  thereof,   with  all   its  dips,   variations   and  angles,   together 

with feet  in  width  on  each  side  of  the  middle  of  said  veia 

at  the  surface;  and  all  veins,  lodes,  ledges  and  surface  ground. 

within   the   lines   of   said   claim feet   on   said   lode   running 

degrees from   the   center   of   the    discovery   shaft,    and 

feet  running ,    degrees from   said   center   ol 

discovery   shaft.    Said   discovery  shaft   being   situate   upon   said 

iode,  within  the  lines   of    said    claim,   in mining  district, 

county    of ,    State    of ,    said    claim     being     bounded 

and  described  as  follows:  Beginning  at  corner  No.  i,  etc. 
(describe  as  in  cas^  of  original  location,  and  conclude  as 
follows:)    Being     the     same     lode     originally    located     on    the 

day  of ,  A.    D ,   and    recorded    on    the 

day  of ,  A.  D in ,  in  the  office  of  the  recorder 

of  said  county.  This  further  certificate  of  location  is  made 
without  waiver  of  any  previous  rights,  but  to  correct  any 
error  in  prior  location  or  record,  to  secure  all  abandoned  over- 
lapping  claims.    Date    of   relocation A.    D Date    ui 

certificate ,   A.   D (Signed) 

Attest : 


I 

i 


FORM  7. 

TUNNEL   CLAIM    LOCATION    CERTIFICATE. 

Know  all  men  by  these  presents,  that  the  undersigned,  citi-^ 

zens   of   the     United     States,     have     this day     of i8.., 

claimed  by  right  of  location,  a  tunnel  claim  for  the  purpose  of 
discovering  and   working   veins,    lodes   or   deposits   on   the   line 

thereof  (cutting  the lode  and  working  the lode).    Said 

tunnel   claim   is   situated   in  the mining   district,   county   of 

State  of ,  and  the  location  and  bounds  of  said  tunnel 

are  staked  on  the  surface  at  the  place   of  commencement   and 
termination,  as  well  as  along  the  line  thereof  said  claim  is  more 


^30 


UNITED   STATES   AND   ALASKA. 


particularly  described  as  follows:    (Give  courses  and  distances, 
■and  describe  as  in  lode  location  by  natural  objects.) 

*  Locator. 

Dated 

To  this  should  be  added  a  claim  for  dump  location;  it  may 
rbe  separate  or  included  in  the  above,  and  should  be  merely  a 
notice  that  135  feet  on  each  side  of  the  mouth  of  the  tunnel  by 
-350  feet  in  front  is  claimed  as  ground  for  dumping  purposes. 
If  made  separately,  it  must  be  recorded  same  as  tunnel  loca* 
:tion. 

FORM  8. 
NOTICE  OF  RIGHT  TO  WATER. 

The   undersigned   claims  the   water   running   in  this   stream 

rior  mining  purposes  to  the  extent  of cubic  inches  per  sec- 

ond  of  time,  to  be  conveyed  by  (ditch  or  flume)  from  this  point 
to claim ,    18..  (Signed)    

A  copy  of  this  notice  is  to  be  posted  where  it  is  intended  to 
•divert  the  water,  and  a  copy  filed  for  record  in  the  ofHce  of  the 
-county  auditor  of  the  county  in  which  the  point  of  divergence 
may  be,  within  ten  days;  and  actual  work  must  be  commenced 
'Within  six  months. 


FORM  0. 
APPLICATION    TO  U.    S.    SURVEYOR-GENERAL 
SURVEY  OF  MINING  CLAIM. 


FOR 


189.. 

V.  S.  Surveyor-General,   

Sir:  ,  claimant    ,  hereby  make  application  for  an  official 

survey,  under  the  provisions  of  Chapter  Six,  Title  Thirty-two, 
of  the  Revised  Statutes  of  the  United  States,  and  regulations 
and  instructions  thereunder,  of  the  mining  claim  known  as  the 

situate  in mining  district, County,   , 

in   section ,   Township   No ,   Range  No. 

Said  claim  is  based  upon  a  valid  location  made  on 18.., 

and  duly  recorded  on ,  18..,  and  is  fully  described  in  the 

4uly  certified  copy  of  the  record  of  the  location  certificate,  filed 
lierewith.    Said  certificate  contains  the  name      of  the  locator   , 


MINING  FORMS. 


73« 


the  date  of  location,  and  such  a  definite  description  of  the 
claim  by  reference  to  natural  objects  or  permanent  monuments 
as  will  identify  the  claim,  and  said  location  has  been  distinctly 
marked  by  monuments  on  the  ground,  so  that  its  boundaries 
can   be   readily  traced. 

request  that  you  will  send an  estimate  of  the  amount 

required  to  defray  the  expetises  of  platting  and  other  work  in 
your  ofnce  required  under  the  regulations,  that.... may  make 
proper  deposit  therefor,  and  that  thereupon  you  will  cause  the 

survey  to  be  made  by ,  U.  S.  Deputy  Mineral  Surveyor, 

and  proper  action  to  be  taken  thereon  by  your  office,  as  re> 
<iuired  by  the  U.   S.   mining  laws  and  regulations  thereunder. 


Claimant. 


P.   O.   Address. 


,  County, 


ill 


li 


f 


FORM  10. 
APPLICATION   FOR  PATENT. 

,   County  of ss. 

Application   for   patent   for   the Mining   claim. 

To  the  Register  and  Receiver  of  the  U.  S.  Land  Office  at. 

being  duly  sworn  according  to  law,  deposes  and  says, 

that  in  virtue  of  a  compliance  with  the  mining  rules,  regula- 
tions and  customs,  by  himself,  the  said ,  and  his  co- 
claimants  (residence  of  each  should  be  stated), ,  appli- 
cants for  patent  herein  ha.,  become  the  owner  of  and in 

the  actual,  quiet  and  undisturbed  possession  of linear  feet 

of  the vein,  lode  or  deposit,  bearing ,  together  with 

surface  ground feet  in  width,  for  the  convenient  working 

thereof,  as  allowed  by  local  rules  and  customs  of  miners; 
said   mineral   claim,   vein,    lode   or   deposit  and   surface    ground 

being   situated   in    the mining   district,    county   of , 

and of   .........   and   being   more   particularly   set  forth 

and  described  in  the  official  field  notes  of  survey  thereof,  here- 
to attached,  dated day  of A.  D.  189..,  and  in  the 

official  plat  of  said  survey,  now  posted  conspicuously  upon  said 


732 


UNITED   STATES   AND   ALASKA. 


mining  claim  or  premises,  a  copy  of  which  is  filed  herewith. 
Deponent  further  states  that  the  facts  relative  to  the  right  of 
possession  of  himself  (and  his  said  co-claimants  hereinbefore 
named)  to  said  mining  claim,  vein,  lode  or  deposit  and  surface 
ground,  so  surveyed  and  platted,  are  substantially  as  follows, 
to  wit: 

(Trace  the  history  of  the  lode  fully.)  Which  will  more  fully 
appear  by  reference  to  the  copy  of  the  original  record  of  loca- 
tion and  the  abstract  of  title  hereto  attached  and  made  a  part 
of  this  affidavit;  the  value  of  the  labor  done  and  improvements 
made  upon  said claim,  by  himself  and  his  grantors,  be- 
ing equal  to  the  sum  of  five  hundred  dollars,  and  said  improve- 
ments consist  of  (describe  fully).  In  consideration  of  which 
facts,  and  in  conformity  with  the  provisions  of  Chapter  Six  of 
Title  Thirty-two  of  the  Revised   Statutes  of  the    United  States, 

application  is  hereby  made  for  and  in  behalf  of  said for 

a  patent   from   the    Government   of   the    United   States    for   the 

said mining    claim,    vein,    lode,    deposit,   and   the    surface 

ground   so   ofHcially   surveyed   and   platted. 


Subscribed  and  sworn  to  before  me  this day  of , 

A.  D.  189..,  and  I  hereby  certify  that  I  consider  the  above  de- 
ponent a  credible  and  reliable  person,  and  that  the  foregoing 
affidavit,  to  which  was  attached  the  field  notes  of  survey  of  the 

mining   claim,    was   read   and   examined    by   him    before 

his  signature  was  affixed  thereto  and  the  oath  made  by  him. 

(Official   Signature.) 

Note. — The  above  is  slightly  changed  in  applying  for  placer 
mines. 


FORM  II. 

NOTICE   OF  APPLICATION   FOR   PATENT. 

(Notice   to   be   posted   with   Diagram   on   Claim.) 

Notice   o   the   application    of 

for  a   United   States   Patent. 

"Notice  is  hereby  given,   that  in  pursuance  of   Chapter  Six 
of   Title   Thirty-two,   of   the    Revised    Statutes    of   the     United 

States," and claiming 

linear  feet  of  the vein,  lode,  or  mineral  deposit,   bearing 

with   surface   ground feet  in  width,   lying  and   be- 


MIXING  FORMS. 


733 


ing  situated  within  the Mining  District,   County  of 

And of about  to  make  application  to   the  United 

States  for  a  patent  for  the  said  Mining  Claim,  which  is  more 
fully  described  as  to  metes  and  bounds  by  the  official  plat 
herewith  posted,  and  by  the  field  notes  of  survey  thereof,  now 
filed  in  the  office  of  the  Register  of  the  District  of  Lands,  sub- 
ject to   sale  at which  field   notes   of  survey   describe   the 

boundaries  and  extent  of  said  claim  on  the  surface,  with  mag- 
netic variation  at East,  as  follows,  to  wit:    

the  said  Mining  Claim  being  of  record  in  the  office  of  the  Re- 

corder    of at in    the    County    and aforesaid, 

the    presumed   general    course    or   direction   of   the   said 

vein,  lode  or  mineral  deposit  being  shown  upon  the  plat  posted 
herewith,  as  near  as  can  be  determined  from  present  develop- 
ments,  this   claim   being  for linear   feet  thereof,   together 

with  the  surface  ground  shown  upon  the  official  plat  posted 
herewith,    the   said    vein,    lode   and     mining    premises,    hereby 

sought  to  be  patented,  being  bounded  as  follows,  to  wit 

the  said  claim  being  designated  as  Lot  No in  the  official 

plat    posted   herewith. 

Any  and  all  persons  claiming  adversely  the  mining  ground, 
vein,  lode,  premises  or  any  portion  thereof  so  described,  sur- 
veyed, platted  and  applied  for,  are  hereby  notified  that  unless 
their  adverse  claims  are  duly  filed  as  according  to  law,  and  the 
regulations  thereunder,  within  the  time  prescribed  by  law,  with 

the  Register  of  the  U.  S.  Land  Office  at in  the ....of 

they  wi/l  be  barred,  in  virtue  of  the  provisions  of  said 

statute. 


)■■■■ 
I: 


Dated  and  posted   on  the  ground,   this day  of 1S9. 

Witnesses: 


734 


UNITED   STATES   AND   ALASKA. 
FORM  la. 


PROOF    OF   POSTING    NOTICE    AND    DIAGRAM     ON 

THE  CLAIM. 

ot  ,  County  of  ss. 

and  ,  each  for  himself,  and  not  one  for  the 

other,  being  first  duly  sworn  according  to  law,  deposes  and 
says,  that  he  is  a  citizen  of  the  United  States,  over  the  age  of 

twenty-one  years,  and  was  present  on  the  day  of  » 

A.  D.  1889,  when  a  plat  representing  the  ,  and  certified 

to  as  correct  by  the  United  States  Surveyor-General  of  , 

and   designated   by  him   as   lot   No ,   together   with   a 

notice  of  the  intention  of  and   to  apply  for  a 

patent  for  the  mining  claim  and  premises  so  platted,  was  posted 
in  a  conspicuous  place  upon  said  mining  claim,  to  wit:   Upon 

,  where  the  same  could  be  easily  seen  and  examined; 

the  notice  so  conspicuously  posted  upon  said  claim  being  in 
words  and  figures  as  follows,  to  wit: 

NOTICE  OF  THE  APPLICATION  OF  AND  

FOR  A  UNITED   STATES   PATENT. 

Notice  is  hereby  given  that  m  pursuance  of  Chapter  Six  of 
Title  Thirtj-two  of  the  Revised  Statutes  of  the  United  States,. 

and  ,  claiming  linear  feet  of  the  

vein,   lode   or   mineral   deposit,   bearing    with    surface 

ground   feet  iu  width,  lying  and  being  situated  within 

the  mining  district,  county  of  ,  and   of 

ha-  made  application  to  the  United  States  for  a  patent 

for  the  said  mining  claim,  which  is  more  fully  described  as  to 
metes  and  bounds  by  the  ofKcial  plat  herewith  posted  and  by 
the  field  notes  of  survey  thereof,  now  filed  in  the  office  of  the 

Register  of  the  District  of   Lands,  subject  tu  sale  at   ^ 

which  field  notes  of  survey  describe  the  boundaries  and  extent 

of  said  claim  on  the  surface,  with  magnetic  variation  at  

east,  as  follows,  to  wit: 

(Full  description  by  courses  and  distances.) 
the  said  mining  claim  being  of  record  in  the  office  of  the  Re- 
corder of  ,  at  ,  in  the  county  and  afore- 
said, thn  presumed  general  course  or  direction  of  the  said  

vein,  lode  or  mineral  deposit  being  shown  upon  the  plat  posted 
herewith,  as  near  as  can  be  determined  from  present  develop- 


MINING  FORMS. 


73S 


ments ;  this  claim  being  for  linear  feet  thereof,  together 

with   the   surface  ground   shown   upon   the   of&cial   plat   posted> 
herewith,    the    said    vein,    lode    and     mining     premises    hereby 

sought  to  be  patented  being  bounded  on  the   by  the 

mining  claim. 

Any  and  all  persons  claiming  adversely  the  mining  ground^ 
vein,  lode,  premises,  or  any  portion  thereof  so  described,  sur- 
veyed, platted  and  applied  for,  are  hereby  notified  that  unless* 
their  adverse  claims  are  duly  filed  as  according  to  law  and  the 
regulations  thereunder  within  sixty  days  from  the  date  hereof,. 

with  the  Register  of  the  United  States  Land  Office  at  r- 

in  the  of  ,  they  will  be  barred,  in  virtue  of  the: 

provisions  of  said  statute. 

(Names  of  applicants.) 

Dated  on  the  ground  this   day  of  189... 

Witness : 

(Names  of  witnesses)       


Subscribed  and  sworn  to  before  me  this  day  of  ^ 

189..,  and  I  hereby  certify  that  I  consider  the  above  deponents^ 
credible  and  reliable  witnesses,  and  that  the  foregoing  affidavit 
and  notice  were  read  by  each  of  them  before  their  signature* 
were  affixed  thereto  and  the  oath  made  by  them. 


FORM  13. 

PROOF  THAT  PLAT  AND   NOTICE   REMAINED   POST- 

ED  ON  CLAIM  DURING  PERIOD  OF 

PUBLICATION. 

of  ,  County  of  ss. 

being  first   duly   sworn   according  to   law,   deposes 

and  says,  that  he  is  claimant   (and  co-owner  with   )   in 

the    mining    claim mining     district,    

county,  the  official  plat  of  which  premises,  designated  by  the 

Surveyor-General,  as  lot  No together  with  the  notice 

of  intention  to  apply  tor  a  patent  therefor,  was  posted  thereon, 

on  the   day  of   A.   D.    1889,  as  fully  set  fortbi 

and  described  in  the  affidavit  of  and  ,  dated  the 

day  of   ,  A.   D.    188-,  which  affidavit   was  duly 

filed  in  the  office  of  the  Register  at   in  this  case;  and 

that  the  plat  and  notice  so  mentioned  and  described,  remained. 


736  UNITED   STATES   AND   ALASKA. 

continuously  and  conspicuously  posted  upon  said  mining  claim 
from  the  day  of  ,  A.  D.  189-,  until  and  includ- 
ing the  day  of ,  A.  D.  189..,  including 

the  sixty  days  period  during  which  notice  of  said  application 
for  patent  was  published  in  the  newspaper. 

(Jurat.)  

(One  of  the  applicants.) 


FORM  14. 

REGISTER'S  CERTIFICATE  OF  POSTING  NOTICE  FOR 

SIXTY  DAYS. 

United  States  Land  Office,  at   ,   189-. 

I    hereby    certify   that   the    official    plat   of   the    lode 

designated    by    the    Surveyor-General    as    lot    No was 

•filed  in  this  ofHce  on  the   day  of   ,   A.   D.   iSg--, 

and  that  the  attached  notice  of  the  intention  of  to  apply 

for  a  patent  for  the  mining  claim  or  premises  embraced  by  said 
plat,  and  described  in  the  field  notes  of  survey  thereof  filed 
in   said  application,   was  posted  conspicuously  in  this  office  on 

the  day  of  ,  A.  D.  189..,  and  r    nained  so  posted 

until   the    day  of    A.    D.    189--,   being   the   full 

period  of  sixty  consecutive  days  during  the  period  of  publica- 
tion as  required  by  law;  and  that  said  plat  remained  in  this 
office  during  that  time,  subject  to  examination,  and  that  no  ad- 
verse claim  thereto  has  been  filed. 

,    Register. 


FORM    IS. 

NOTICE  FOR  PUBLICATION  IN  NEWSPAPER. 
APPLICATION   FOR  A   PATENT. 

U.   S.   Land   Office • 

189.. 

Notice   is   hereby   given,    that    whose   post-office    ad- 
dress is  ,  has  this  day  filed  his  application  for  a  patent 

for linear   feet    of   the    mine    or   vein,    bearing 

with  surface  ground   feet  in  width,   situated  in 

mining  district,   county  of   ,   and    of   

£ind  designated  by  the  field  notes  and  official  plat  on  file  in  this 


MINING  FORMS. 


in 


office  as  lot  number   in  township   ,  range   

of    ,    meridian    said   lot    No being    as 

follows: 

Beginning    ,    magnetic    variation    ,    containing 

acres. 

The  location  of  this  mine  is  recorded  in  the   Recorder's  Of- 
fice   of    ,    in    book    of    The    adjoining 

claimants   are    

Any  and  all  persons  claiming  adversely  any  portion  of  said 

mine  or  surface  ground  are  required  to  file  their  ad- 

verse  claims  with  the  Register  of  the  United  States  Land  Office 

at    ,    in   the    of    during   the   sixty    days 

period  of  publication  hereof,  or  they  will   be   barred  by   virtue 
of  the  provisions  of  the  Statute. 

Register. 

It  is  hereby  ordered,  that  the  foregoing   Notice  of  Applica- 
tion   for   patent   be   published   for   the   period    of    days 

(ten    consecutive   weeks),   in   the    a    newspaper 

published  at   

Register. 


FORM  NO.   i6. 
PROOF   OF   PUBLICATION. 

of  county  of  ss. 

being  first  duly  sworn,  deposes  and  says:  that  he  is 

the   of  the    a   newspaper   published   at 

in  county,  in  the  of  that  the 

Notice    of    Application    for    a    patent    for    the    mining 

claim,   of  which  a  copy  is  hereto  attached,  was  first  published 

in   said   newspaper  in   its   issue,   dated  the    of    

iSg-,  and  was  published  in  each  issue  of  said  news- 
paper thereafter  for  nine  consecutive  weeks  or  the  the 

full  period  of  sixty  days,  the  last  publication  thereof  being  in 
the  issue  dated  the day  of  i8... 

Subscribed  and  sworn  to  before  me,  this day  of , 

i8... 

Notary  Public. 


47 


738  UNITED   STATES   AND   ALASKA. 

FORM  X7. 
AGREEMENT   OF   PUBLISHER. 

The   undersigned,   publisher   and    proprietor  of  the    , 

a  newspaper,  published  at  ,  county  of  » 

and  of  ,  does  hereby  agree  to  publish  a  notice, 

dated  United  States  Land  Office ,  required  by  Chapter 

Six  of  Title  Thirty-two,  Revised  Statutes  of  the  United  States, 

of  the  intention  of  to  apply  for  a  patent  for  his  claim 

on  the  lode,  situated  in  mining  district,  county 

of  ,  of  and  tc  hold  the  said  alone  re- 
sponsible for  the  amount  due  for  publishing  the  same.  And 
it  is  hereby  expressly  stipulated  and  agreed  that  no  claim  shall 
be  made  against  the  Government  of  the  UnTlcd  States,  or  its 
officers  or  agents,  for  such  publication. 

Witness  my  hand  and  seal  this day  of  ,A.  D. 

189... 

Witness:  


FORM    18. 

PROOF  OF  OWNERSHIP  AND   POSSESSION   IN   CASE 

OF  LOSS  OR  ABSENCE  OF  MIN- 

ING  RECORDS. 

of  County  of  as. 

,  and  ,  each  for  himself,  and 

not  one  for  the  other,  being  first  duly  sworn  according  to  law, 
deposes  and  says  that  he  is  a  citizen  of  the  United  States,  over 

the  age  of  twenty-one  years,  and  a  resident  of  county, 

,   and   has   resided   in    mining   district,  wherein 

the    mine   is   situated,    since    day   of    , 

18...      That  since  said  date  he  has   been  acquainted  with  the 

mine,   and   with   the   possessors   and    workers   thereof. 

That  said  mine  was  located  and  has  been  possessed  and  worked 
in  accordance  with  the  customs  and  usages  of  miners  in  said 
district,  and  in  conformity  with  the  rules  and  regulations  gov- 
erning the  location,  holding  and  working  of  mining  claims,  in 

force  and  observed  in  the  of  That  there  are 

no  written  records  known  to  deponent  existing  m  said  mining 


'I 

it 


MINING  FORMS.  739 

district.       That   affiant   is   credibly   informed   and   believes   that 

the   mine  was  located   in  the  year   18..,  and  that  if 

any  record  was  made  of  said  location,  and  of  the  names  of 
locators,  the  same  has  not  been  in  existence  for  a  long  number 
of  years  past,  and  that  by  reason  thereof  the  names  of  lo- 
cators cannot  now  be  ascertained,  and  no  abstract  of  title 
from  locators  to  the  present  owner  can  be  made.  That  the 
possession  of  applicant  and  his  predecessors  in  interest  of  said 

mine    has   been   actual,    notorious    and    continuous,   to 

the  positive  knowledge  of  deponent,  since  his  residence  in  said 
mining  district  and  that  such  possession  has  been  perfected 
and  maintained  in  conformity  with  mining  usages  and  customs, 
and   has   been   acquiesced   in   and   respected   by   the   miners   of 

said  district.      That  applicant's  right  to  the  said   mine 

is  not  in  litigation  within  the  knowledge  of  affiant,  and  that 
no  action  or  actions  have  been  commenced  affecting  the  right 
to  said  mine  since  his  acquaintance  therewith  (and  that  the 
time  for  the  commencement  thereof,  as  required  to  be  insti- 
tuted under  the  provisibns  of  the  Statute  of  Limitations  of  the 

of   ,   has   long   since   elapsed).       That  applicant 

and  his  predecessors  in  interest  have  expended  in  the  improve- 
ment, development  and  working  of  said  mine  a  sum  of  money.' 
exceeding  dollars,  as  follows,  to  wit:   

Subscribed    and    sworn    to    before    me   this    day    of' 

A.  D.  189..,  and  I  certify  that  the  aforenamed  

and    are    credible    and    respectible    persons,    to    whose 

affidavits  full  faith  and  credit  should  be  given. 
(Seal.) 

NOTE. — This  should  be  sworn  to   by  at  least  two  respect- 
able persons  and  by  the  applicant  for  patent. 


M' 


74 


UNITED   STATES   AND   ALASKA. 


FORM    19. 

AFFIDAVIT  OF  FIVE   HUNDRED   DOLLARS   IM- 
PROVEMENTS. 

of  ,  County  of  ,  ss. 

and  of  lawful  agC;  being  duly  sworn,  according 

to  law,  depose  and  say,  that  each  for  himself,  and  not  one  for 

the  other,  that  he  is  acquainted  with  the mining  claim,  in 

mining  district,   county   of and  state  of, aforesaid, 

for  which has  made  application  for  patent  under  the  pro- 
visions of  Chapter  VI,  of  Title  Thirty-two,  Revised  Statutes  of 
the  United  States,  and  that  the  labor  done,  and  improvements 
made  thereon  by  the  applicant  and  his  grantors,  exceed  five 
hundred   dollars   in   value,    and    said    improvements     consist   of 


Subscribed    and    sworn    to    before    me,    this    day    of 


.,  180... 


FORM    20. 

AFFIDAVIT   OF   CITIZENSHIP. 

of   ,  County  of   ,  ss. 

being   first    duly   sworn    according   to    law,    deposes 

and  says :  That  he  is  the  applicant  for  patent  for   min- 
ing claim,  situated  in  mining  district,  county  of  ; 

that  he  is  a  citizen  of  the  United  Suites,  born  in  

county  of  of  ot    the  year  18..,  and  is  a  resident 

of   


Subscribed    and    sworn    to    before    me,    this    day    01 

f  A.  D.  180.. 


NOTE. — If  the  applicant  is  a  naturalized  citizen,  or  has  de- 
clared his  intention  to  become  a  citizen,  he  should  show  in  his 
affidavit  where,  when  and  before  what  Court  he  was  naturalized 
or  his   declaration  was  made. 


MINING  FORMS. 


741 


FORM  21. 

STATEMENT   OF   FEES  AND   CHARGES. 

of   County  of  ,  ss. 

,    being    first    duly    sworn    according    to    law,    de':>oses 

and  says  that  he  is  the  applicant  for  patent  for  the  lode 

in  mining  district,  county  of   ,   of   , 

under  the  provisions  of  Chapter  Six  of  Title  Thirty-two  of  the 
Revised  Statutes  of  the  United  States,  and  that  in  the  prose- 
cution of  said  application  he  has  paid  out  the  following  amounts; 
and    no    more,    viz. :    To    the    Ci  edit    <  (    the    Surveyor-GeneraVs 

office, dollars ;  for  surveying,   dollars ;  for  filing 

in  the  local  land  office,  dollars;  for  publication  of  no- 
tice,        dollars;   and  for  the  land  embraced  in   his   claim, 

dollars. 


Subscribed    and    sworn    to    before    me    this    day    of 

,  A.   D.   x8g.... 


(Seal.) 


.,   Notary   Public. 


FORM  22. 
POWER   OF   ATTORNEY    10   APPLY    FOR    PATENT. 

KNOW    ALL    MEN    BY    THESE    PRESENTS,    that    we, 

and   do  hereby  constitute  and  appoint   

as  our  attorney  in  fact,  for  us  and  in  our  names,  to  make  ap- 
p!ica*'   n   to   the    United    States    for   the    entry   and    pvirchase   of 

certain   Government   lands,    in    mining   district,    

county,   of  known  as  the  mining  claim 

and  premises;  and  to  have  the  same  suiveyed,  and  to  take  any 
and  all  steps  that  may  be  necessary  to  procure  from  the  Gov- 
ernment of  the  United  Spates  a  patent  to  the  said  lands  and 
premiscfc,  granting  the  same  to  us.  And  to  do  all  other  acts 
appertaining  to  the  said  survey  and  entry  aforesaid  as  we  our- 
selves could  do  by  our  own  act  and  in  our  own  proper  person. 

In  witness   whereof  we  have  hereunto  set  our  hands  and  af- 
fixed our  seals  the   day  of  A.  D.   188.. 


I:  1 

I 

I 
I 


.y42  UNITED   STATES   AND    ALASKA. 

>...,...  of  County  of  ss. 

On  *his   day  of  ,  A.  D.   i88..,  before  me 

- a   Notary   Public  in   and  for   the    county   of 

,  personally  appeared   ,   known  to  me  to  be  the 

same   person   whose  name    subscribed   to  the  foregoing 

instrument,  and  acknowledged  to  me  that  executed  the 

-same. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  af- 
fixed my  official  seal  at  my  office,  the  day  and  year  in  this  cer- 
tificatfi  first  above  written. 

<Scal.)  Notary  Public. 


FORM  23. 
CERTIFICATE  THAT  NO  SUIT  IS  PENDING. 

of   ,  County  of  ,  ss. 

I ,    clerk   of   the    court    in   and    for    county, 

,  do  hereby  certify  that  there  is  now  no  suit  or  action 

of  any  character  pending   in  said   court   involving  the  right  of 

possession   to   any   portion    of    mining   claim,    and   that 

there  has  been  no  litigation  before  said  court  affecting  the  title 

to  said  claim,   or  any  part  thereof,  for   years  last  past, 

other  than   what   has   been   finally  decided  in  favor  of    

In  witness  whereof,  I  have  hereunto  set  my  hand  and  af- 
fixed the  seal  of  said  court,  at  my  office  in  this  

day  of  ,  A.  D.  xSg... 

(Seal.) Clerk   of  the   Court, 


FORM   a4. 

PROTEST  AND  ADVERSE  CLAIM. 

U.  S.   Land  Office, 

of 

In  the  matter  of  the  application  of for  a  United  States 

patent   for   the lode   or  mining  claim,   and    the   land   and 

premises    appertaining    to    said    mine,    situated     in     the 

mining   district,    in County of 

To  the  Register  and  Receiver  of  the  United  States  Land  Of- 
fice at and  to  the  above-named  applicant  for  patent  for 

;the lode. 


MINING  FORMS. 


743 


You   are  hereby   notified  that of    the    City  of , 

County  of ,  and of ,    and  a    citizen    of    the 

United  States  of  America,  is  the  lawful  owner  and  entitled  to 

the  possession  of hundred  feet  of  the  said lode  or 

mine  described  in  said  application,  as  shown  by  the  diagram 
posted  on  said  claim,  and  the  copy  thereof  filed  in  the  Land 
Office  with  said  application,  and  as  such  owner  this  contestant, 

the     said does     protest   against   the   issuing   of   a   patent 

thereon  to  said  applicant,  and  does  dispute  and  contest  the 
right  of  said  applicant  therefor. 

And  this  contestant  does  present  the  nature  of  his  adverse 
claim,  and  does  fully  set  forth  the  same  in  the  affidavit  hereto 
attached,  marked  Exhibit  A,  and  the  further  exhibits  thereto 
attached,  and  made  part  of  said  affidavit. 

That  said therefore  respectfully  asks  the  said   Register 

and  Receiver,  that  all  further  proceedings  in  the  matter  be 
stayed  until  a  final  settlement  and  adjudication  of  the  rights  of 
this  contestant  can  be  had  in  a  Court  of  competent  jurisdiction. 

Place  and  date. 


EXHIBIT  A. 

of ,  County  of ,  ss. 

being   first   duly   sworn,    deposes   and    says:    That   he 

is   a   citizen  of  the   United   States,  bom   in  the of 

and   is  now   residing   in ;   that  he  is  the   contestant  and 

protestant  named  in,  and  who  subscribed  the  notice  and  pro- 
test  hereto  annexed.  Affiant  further  says:  that  he  is  the  owner 
by  purchase  and  in  possession  of  the  (adverse)  lode  or  vein  of 

<]uartz  and  other  rock  in  place,  bearing and  other  metals. 

That  the  said  lode  is  situated  in  the mining  district 

County of 

The  history  of  the  lode  should  be  given  in  full;  for  instance, 
as   follows: — 

This  affiant  further  says:  that,  on  the  day  of  location,  the 
premises  hereinafter  described  were  mineral  lands  of  the  public 
■domain,  and  entirely  vacant  and  unoccupied,  and  were  not 
•owned,  held,  or  claimed  by  any  person  or  persons  as  mining 
ground  or  otherwise,  and  that  while  the  same  were  so  vacant 
and    unoccupied,   and   unclaimed,   to   wit: — 


744 


UNITED   STATES   AND   ALASKA. 


On  the day  of i88.,,    (name   locators),    each   and 

all  of  them  being  citizens  of  the  United  States,  entered  upon 
and    explored    the    premises,    discovered    and    located    the    said 

lode,    and   occupied    the    same   as    mining    claims.    That 

the  said  premises  so  located  and  appropriated  consist  of 

feet    in    a erly    direction,    and feet    in    a erly 

direction,  as  will  fully  appear  by  reference  to  the  Notice  of  Lo- 
cation, a  duly  certified  copy  whereof  is  hereunto  annexed, 
marked    Exhibit    B,    and    hereby    made   a   part   of   this    affidavit. 

That  the  locators,  after  the  discovery  of  said lode,   drove 

a  stake  on  said  lode  on  the  discovery  claim,  erected  a  monu- 
ment of  stone  around  said  stake,  and  placed  thereon  a  written 
Notice  of  Location,  describing  the  claim  so  located  and  ap- 
propriated, giving  the  names  of  the  locators  and  quantity 
taken  by  each,  and  after  doi   g  all  the  acts  and  performing  all 

the   labor  required   by  the  laws   and  regulations   of   said 

mining   district   and of ,    the   locators    of   said    lode 

caused  said  notice  to  be  filed  and  recorded  in  the  proper  Books 

of  Record  in  the  Recorder's  office  in  said  district  on  the 

day  of i88... 

Affiant  further  says:  that  the  said  locators  remained  con- 
tinuously in   possession   of   said   lode,   workinj?   upon   the    same, 

and    within months    from    the   date    of    said    location    had 

done  and  performed  work  and  labor  on  said  location  in  mining 

thereon,  and  developing  the  same,    more  than days'   work, 

and  expended  on  said  location  more  than Hundred  Dol- 
lars, and  by  said  labor  and  money  expended  upon  the  said 
mining  location  and  claim  had  developed  the  same,  and  ex- 
tracted therefrom  more  than tons  of  ore. 

And  affiant  further  says:  that  said  locators,  in  all  respects^ 
complied  with  every  custom,  rule,  regulation  and  requirement 
of  the  mining  laws,  and  every  rule  and  custom  established  and 

in    force    in    said mining    district,    and     thereby     became 

and  were  owners  (except  as  against  the  paramount  title  of 
the  United  States),  and  the  rightful  possessors  of  said  mining 
claims   and   premises. 

And  this  affiant  further  says:  that  said  locators  proved  and 

established,   to   the   satisfaction   of   the    Recorder   of    said 

mining  district,  that  they  had  fully  complied  with  all  the  rules, 
customs,  regulations  and  requirements  of  the  laws  of  said  dis- 
trict, and  thereupon  the  said  Recorder  issued  to  the  locators  of 


MINING  FORMS. 


745 


said lode  certificates  confirming  tiieir  titles  and  rights  to 

said   premises. 

That  the  said  lode  was  located  and  worked  by  the  said  lo- 
cators as  tenants  in  common,  and  they  so  continued  in  the 
rightful    and    undisputed    possession    thereof    from    the    time    of 

said   location,   until   on  or   about  the day   of iS.., 

at  which  time  the  said  locators  and  owners  of  said  lode  formed 
and  organized  under  the  laws  of  the of ,  and  in- 
corporated under  the  name  of  the  '* ;"  and  on  the 

day  of i88..,   each  of  the  locators  of   said   lode   conveyed 

said  lode,  and  each  of  their  rigiits,  titles  and  interest  in  and 
to  said  lode,  to  said  " Mining  Company." 

On  the  said day  of iS8..,  the  said  company  en- 
tered into  and  upon  said lode,  and  was  seized  and  pos- 
sessed thereof  and  every  part  and  parcel  of  the  same,  and  oc- 
cupied  and    mined    thereon    until   the day   of i88.., 

at  which  time  the  said Mining  Company,  sold  and  con- 
veyed the  same  to  this  affiant,  which  said  several  transfers 
and  conveyances  will  fully  appear  by  reference  to  the  abstract 
of  title  and  paper  hereto  attached,  marked  Exhibit  D,  and 
made  a  part  of  this  affidavit. 

(In  case  of  individual  transfers.) 

And  this  afFant  further  says:  that  the  said who  lo- 
cated    claim northwesterly    of   the     said lode,     and 

the    said who    located    claim northwesterly    thereon 

were    seized   and    possessed   of   said    claims,    and    occupied    and 

mined   thereon    until    the day     of i88..,     at    which 

time  the   said and sold   and   conveyed  the   same   to 

,  and  thereupon  the  said was  seized  and  possessed. 

of  said  mining  claims  and  locations,   and  occupied  and  mined 

thereon   until   the day   of i88..,   at   which   time   the 

said sold  and  conveyed   the  same  to  this  affiant,   as   will 

fully  appear  by  reference  to  the  abstract  of  title  and  paper 
hereto  attached,  marked  Exhibit  D,  and  which  this  affiant  here- 
by makes  a  part  of  this  his  affidavit. 

Affiant   further   says:    that   he   is   now   and   has   been    in   the 

occupation    and    possesion   of    the   said lode,    sinco    the 

day  of i88..,   and  that  said  lode  and  mining  claims 

were   located,   and    the   title   thereto   established,    several 

before  said   (applied  for) lode  was  located. 

Affiant  further   says:   that   said lode,    as   showr    by   the 


m 


.746 


UNITED    STATES   AND    ALASKA. 


notice  and  diagram  posted  on  said  claim,  and  a  copy  thereof 

filed   in   the   United    States    Land    Office,    at   said with 

said  application  for  a  patent,  crosses  and  overlaps  said 

lode,  and  embraces  about hundred  feet  in  length  by.... 

....hundred  feet   in  width  of  the  said lode,  the  property 

of  this  affiant,  as  fully  appears  by  reference  to  the  diagram  or 
map  duly  certified  by U.  S.  Deputy  Surveyor,  hereto  at- 
tached, marked  Exhibit  C,  and  which  diagram  presents  a  cor- 
rect description  of  the  relative  locations  of  the  said  (adverse) 
lode,  and  of  the  pretended  (applied  for)  lode. 

Affiant  further  says:  that  he  is  informed  and  believes  that 
said  applicant  for  patent  well  knew  that  affiant  was  the  owner 
in  possession  and  entitled  to  the  possession  of  so  much  of 
said  mining  ground,  embraced  with  the  survey  and  diagram  of 
said  applications,  as  is  hereinbefore  stated,  and  that  this  affiant 

is  entitled   to  all   the and  other  metal   in   said   (adverse) 

lode,  and  all  that  may  be  contained  within  a  space  of feet 

-on  each  side  of  said  (adverse)  lode. 

And  affiant  further  says:  that  this  protest  is  made  in  entire 
good  faith,  and  with  the  sole  object  of  protecting  the  legal 
rights  and  property  of  this  affiant  in  the  said  (adverse)  lode 
and  mining  premises 


Subscribed  and  sworn  to  before  me,  this 
day  of 189.. 


SURVEYOX'S  CERTIFICATE. 

On  the  diagram  marked  Exhibit  C,  the  Surveyor  must  cer- 
-tify  in  effect  as  follows: 

I  hereby  certify  that  the  above  diagram  correctly  repre- 
sents   the    conflict    claimed   to    exist   between    the and — 

lode,    as    actually    surveyed    by    me.    And    I    further    certify 

^hat  the  value  of  the  labor  and  improvements  on  the  (adverse) 
lode  exceeds  Five  Hundred  Dollars,  and  said  improvements 
'Consist  of  (.state  in  full). 

Place  And  date. 


U.    S.    Deputy   Surveyor. 


MINING  FORMS. 


747 


FORM  35. 

PROOF   THAT   NO   KNOWN   VEIN   EXISTS   IN   A  PLA- 

CER  MINING  CLAIM. 

of ,    County    of ss. 

and ,    of   the    said     county     and being 

first  duly  sworn,  each  for  himself,  deposes  and  says,  that  he 
is  well  acquainted  with  the placer  mining  claim,  em- 
bracing      situated    in    the mining    district,    in   the 

county  of ,   and of ,   owned  and   worked   by 

applicant  for  United  States  patent;  that  for  many  years 

he  has  resided  near,  and  often  been  upon  said  mining  premises, 
and  that  no  known  vein  or  veins  of  quartz  or  other  rock  in 
place,  bearing  gold,  silver,  cinnabar,  lead,  tin  or  copper,  exist 
on  said  mining  claim,  or  on  any  part  thereof,  so  far  as  he 
knows,  and  he  verily  believes  that  none  exist  thereon.  And 
further,    that   he    has    no    interest    whatever   in   the    said    placer 

mine  of 

A.  D.  189... 


Subscribed  and  sworn  to  before  me  this day  of. 


Note. — In  case  any  known  mines  exist  withm  the  exterior 
boundaries  of  the  placer-claim,  the  names  of  such  known  veins 
should   be  given. 


FORM  ^, 
NOTICE  OF  FORFEITURE. 

County 188.. 

To — (names  of  all  parties  who  have  r^»cord  title  to  any  por- 
tion of  the  mine).  You  are  hereby  notified  that  I  have  ex- 
pended  dollars   in  labor  and   improvements   upon   the.... 

....lode  (describe  the  claim),  as  will  appear  by  certificate  filed 

1S9..,  in  the  ofHce  of  the  Recorder  of  said  county  (or 

•district),  in  order  to  hold  said  premises  under  the  provisions  of 
section  3324   Revised   Statutes  of  the   United   States,    being  the 

amount  required  to  hold  the  same  for  the  year  ending 

189...    And  if  within  ninety  days  from  the  service  of  this  notice 


III 


7-lS 


UNITED   STATES   AND   ALASKA. 


(or  within  ninety  days  after  this  notice  by  publication),  you 
fail  or  refuse  to  contribute  your  proportion  of  such  expendi- 
ture as  a  co-owner,  your  interest  in  said  claim  will  become  the 
property  of  the  subscriber  under  section  2324. 

(Signature.) 

Note. — At  the  expiration  of  180  days,  this  printed  notice 
should  be  recorded  with  the  affidavit  of  the  newspaper  pub- 
lisher (see  Form  13),  that  the  same  was  published  for  the  period 
of  ninety  days,  together  with  the  affidavit  of  the  party  signing 
the  notice  to  the  effect  that  one  or  more  of  the  co-owners 
named  in  the  published  notice  have  not  paid  their  share  of  the 
expenditure.    This  completes   the  record  title. 


FORM  27. 
AFFIDAVIT    OF   FAILURE   TO   CONTRIBUTE. 

of  t  County  of  ,  ss. 

,    being    duly    sworn,    deposes    and    says    that    for   the 

year  ending ,   1S9..,  he  expended  at  least dollars  in 

labor   and   improvements   upon   the ...lode    (or placer 

claim)    (here   describe  the  claim),   to  Aold  the  same  under  the 

laws  of  the  United  States  and  of  this ;  that  due  notice 

thereof   was   personally   served   upon co-owners,    on   the 

day  of ,   189..,    (or  was  duly  published  in  the.... 

— ,    as    appears   from   the   affidavit   of   the   publisher   thereof); 

and   that (of   the   said)    co-owners   have   failed   or    refused 

to  contribute  their  share  of  said  expenditvtres  within  the  time 
time   required   by   law. 


Subscribed  and  sworn  to  before  me  this day  ul. 


180. 


MINING  FORMS. 


749 


FORM  28. 
MINER'S  LIEN. 


Know   All    Men   by   These   Presents,   That   1 ,    of   the 

county   of ,  of ,   do   hereby   give   notice   of   my   in- 
tention to   hold  and  claim   a  lien,    by  virtue  of  the   statute   in 

such  case   made  and  provided,   upon (describe   premises), 

with    all    improvements    and    appurtenances,    situated    in 

Mining   District,   County   of of 

The  said  lien  being  claimed  and  held  for  and  on  account  of 

work  and  labor  done  by  me  as for ,  owner  of  said 

premises  in  and  upon  said  premises,  from  the day  of 

A.   D.    189..,  to  the day  of A.   D.    189.. 

The   total   value  of  the   said   work  and   labor  being 

dollars,  upon  which  there  has  been  paid  the  sum  of dol- 
lars,   leaving    a   balance   of dollars    still    due,    owing    aid 

unpaid  to  me,  the  said  claimant. 

(Signature). 

of ,  County  cf ss. 

On  this day  of A.  D.  188..,  personally  ap- 
peared before  me  the  above  named and  who  being  by 

me  first  duly   sworn,   on oath  states  that  the  abstract  of 

indebtedness   mentioned  and  described  in  the   foregoing   notice 

is  true  and  correct,  and  that  there  is  still  due  and  owing  to 

....from   the    said ,    for    the aforesaid,    the    sum    of 

dollars   and cents. 

(Signature.)^ 

Subscribed  and  sworn  to  before  me  this day  of 

A.   D.    188.. 

(Official  Signature.) 

Note.— For  materials  insert  "goods  furnished  and  delivered 
to  owners  of  said  premises,  for  use  on  said  premises,  and 
which  were  used  on  said  premises."  Below  substitute  "mate- 
rials furnished,  to  wit:  Powder,  lumber,  etc.,  as  per  bill  an- 
nexed," in  place  of  "work  and  labor." 


750  UNITED   STATES   AND   ALASKA. 

FORM  ag. 
APPLICATION  TO   PURCHASE. 

To  the  Register  and  Receiver 

United   States   Land   Office 
at 

The  undersigned  claimant.,  under  the  provisions  of  the  Re- 
vised Statutes  of  the  United  States,  Chapter  Six,  Title  Thirty- 
two   and    legislation    supplemental     thereto,     hereby    appl..    to 

purchase    that    Mining    Claim    known    as    the Section.... 

....,    in    Township     No of     Range     No Meridian, 

designated  as   Lot.. No said  Lot  No extending.... 

....feet  in  length  along  said vein  or  lode,   but  expressly 

excepting  and  excluding  from  this  application  all  that  portion 
of  the  ground  embraced  in  mining  claim.. or  survey.. designat- 
ed as  Lot...No and  also  all  that  portion  of  any  vein  or  lode 

the  top  or  apex  of  which  lies  inside  of  said  excluded  ground; 
said  Lode claim  embracing acres  and  said  Mill- 
Site  claim acres,   in    the Mining    District,    in    the 

County  of of as  shown  by  the  survey  thereof,   and 

hereby    agree.. to    pay    therefor Dollars,    being    the    legal 

price   thereof. 


Dated i8. . 

I, Register  of  the  Land  Office  at do  hereby  cer- 
tify that  the  aforesaid  Mining  Claim  of  Lot.. No as  ap- 
plied for  above,   is  subject  to  entry   by  the  above   named  ap- 

licant . . ;   the   area   of   said   Lode claim   being acres 

and  of   said   Mill-Site   claim acres,   and    the    legal    price 

thereof Dollars. 

•   •••••••  aO«   • 


Register. 


MINING  FORMS.  751- 

FORM  .10. 

PROOF  OF  IDENTITY. 

of County   of ss. 

and of    lawful    age,    each    for    himself,    and    not 

one  for  the  other,  being  first  duly  sworn,  according  tu  law, 
deposes  and   says:   That   he   is  a   citizen  of   the    United   States; 

that  he  is  well  acquainted  with  the Mining  claim,  situ> 

ated   in Mining   District,    County   of of for 

which made   application   for   patent,   under  the   provisions 

of  an  Act  of  Congress,  approved  May  10,  1872;  that  he  is  not 
interested  in  the  aforesaid  mining  claim,  either  directly  or  in- 
directly, that  he  was  present  on  the day   of 18.. on 

the  ground  of  said   mining  claim;  and  that  the   survey  of  said 

mining   claim   made  on   that   date    by surveyor,   embraces 

the  identical  ground  originally  claimed  by  its  locators;  and 
further,  that  the  initial  point  of  discovery  of  said  lode  or  min- 
ing claim  from  which  said  survey  has  been  made  by  the  said 
surveyor  is  the  same  place  where  the  notice  of  said  lode  or  min- 
ing  claim   originally    was   posted. 


Subscribed   and   sworn   to   before    me,    this day   of.... 

18..,  and  I  hereby  certify  that  I  consider  the  above  de- 
ponents  creditable   and   reliable   witnesses. 


FORM  31- 

CERTIFICATE    AND    OATHS    OF    ASSISTANTS. 

U.   S.   SURVEY, 

No 

T ,  R D M.. 

Certificate  as  to  Correctness  of  Survey 
and 
Ar>cunt  of  Work  Done. 
I U.  S.   DcDUiy    surveyor    for U.   S.    Surveyor- 
General    of do    certily    that   the    above-mentioned    survey 

was  made  by  me  on  the day  of 18..,  and  that  the 


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7S2 


UNITED   STATES   AND   ALASKA. 


plat  of  said  survey  attached  hereto,  is  true  and  correct,  as  are 
his  grantors.    That  the  Field   Notes  of  said  survey,   as  given 

Ihat  the  exterior  surface  boundaries  of  said claim  as  sur* 

veyed.  were  then  and  are  now  distinctly  marked  by  monu- 
ments  on   the   ground.    That   more  than   five  hundred   dollars 

worth  of  labor  has  been  expended  on  said  claim  by or 

his  grantors.  That  the  Field  Notes  of  said  survey,  as  gi^en 
-above,  furnish  such  an  accurate  description  of  said  claim  as  will 
if  incorporated  into  a  patent,  serve  to  fully  identify  the  prem> 
ises,  and  that  such  reference  is  made  therein  to  natural  objects 
or  permanent  monuments,  as  will  perpetuate  and  fix  the  locus 
^thereof. 


U.  S.  Deputy  Surveyor. 
Subscribed  and  sworn  to  before  me,  this 
day  of 189.. 


OATHS   OF  ASSISTANTS. 

We  hereby  certify    that   we    assisted U.     S.     Deputy 

Surveyor,    in    surveying   the   claim   of upon   the 

Lode,    situated    in Mining    District,     County    of 

State  of and  that  said  survey  has  been  in  all  respects  to 

the  best  of  our  knowledge  and  belief,  well  and  faithfully  sur- 
veyed, and  the  boundary  monuments  planted  according  to  the 
instructions  furnished  by  the  Surveyor-General. 

(Seal.) 

(Seal.) 

Subscribed  and  sworn  to  before  me,  this 
day  of xiio.. 


\ 


MINING  FORMS. 


753 


FORM  3a. 

PRELIMINARY   OATHS   OF  ASSISTANTS   IN    SURVEY 

OF  MINING  CLAIM. 

We and do   solemnly   swear   that   we    will    well 

and  faithfully  execute  the  duties  of  chain  carrier;  that  we  will 
level  the  chain  upon  even  and  uneven  ground,  and  plumb  the 
tally-pins,  either  by  sticking  or  dropping  the  same;  that  we 
will  report  the  true  distance  to  all  notable  objects,  and  the 
true  length  of  all  lines  that  we  assist  in  measuring,  to  the  best 
of   our  skill   and   ability,   and   in  accordance  with   instructions 

given  uc,  in  the  survey  of  the  Mining  Claim  of ,  known 

as    the situate   in   the mining  district Coun* 

ty, in    Section ,Township    No Range    No.... 

,  Chainman. 

,  Chainman. 

Subscribed    and    sworn    to    by   the    above-named    persons    be- 
fore   me,    this day    of i8.. 


I, ,  do  solemnly  swear  that  I  will  well  and  truly  per- 

form  the  duties  of  axeman,  in  the  establishment  of  corners  and 
other  duties,  according  to  instructions  given  me  and  to  the 
best  of  my  skill  and  ability,  in  the  survey  of  the  Mining  Claim 
of known  as  the more  fully  described  in  the  pre- 
ceding   afilidavit. 

Axeman. 

Subscribed  and  sworn  to  by   the  said 

before  me,  this day  of 

•••••••• xo* • 


I do  solemnly  swear  that  I  will  well  and  truly  per- 
form the  duties  of  flagman,  in  the  establishment  of  corners 
and  other  duties,  according  to  instructions  given  me  and  to 
the  best  of  my  skill  and  ability,  in  the  survey  of  the  Mining 

Claim  of more  fully  described  in  the  preceding  affidavit. 

,   Flagman. 

Subscribed  and   sworn  to  by  the  said 

before  me,  this day  of 

48 


754 


UNITED  STATES  AND  ALASKA. 


PRACTICAL  FORMS. 

FORM  33. 

DEED   OF   MINING   CLAIM. 

This  Indenture,  made  the day  of in  the  year  of 

our  Lord  one  thousand  eight  hundred  and  ninety Between 

,  the  part,  .of  the  first  part,  and the  part,  .of  the  second 

part.    Witnesseth:  That  the  said  part.. of  the  first  part,  for  and 

in  consideration  of  the  sum  of Dollars, of  the  United 

States  of  America,  to in  hand  paid  by  the  said  part.. of 

the  second  part,  the  receipt  whereof  is  hereby  acknowledged, 
ha.,  granted,  bargained,  sold,  remised,  released,  and  forever 
quitclaimed,  and  by  these  presents  do.. grant,  bargain,  sell, 
remise,  release  and  forever  quitclaim,  unto  the  said  part,  .of 
the  second  part,   and  to heirs   and   assigns 

Together  with  all  the  dips,  spurs  and  angles,  and  also  all 
the  metals,  ores,  gold  and  silver  bearing  quartz,  rock  and 
earth  therein;  and  all  the  rights,  privileges  and  franchises 
thereto  incident,  appendant  and  appurtenant,  or  therewith  usu- 
ally had  and  enjoyed;  and  also,  all  and  singular  the  tenements, 
hereditaments  and  appurtenances  thereto  belonging,  or  in  any- 
wise appertaining,  and  the  rents,  issues  and  profits  thereof; 
and,  also,  ail  the  estate,  right,  title,  interest,  property,  posses 
sion,  claim  and  demand  whatsoever,  as  well  in  law  as  in  equity, 
of  the  said  part.. of  the  first  part,  of,  in  or  to  tKe  said  premises, 
and  every  part  and  parcel  thereto,  with  the  appurtenances 

To  have  and  to  hold  all  and  singular  the  said  premises,  to- 
gether with  the  appurtenances  and  privileges  thereunto  inci- 
dent, unto  the  said  part.. of  the  second  part 

In  witness  whereof,  the  said  part.. of  the  first  part  h.. here- 
unto set hand.. and  seal..,  the  day  and  year  first  above 

written. 

Signed,  Sealed  and  Delivered  in  the  Presence  of 


.(Seal.) 

.(Seal.) 

(Seal.) 

(Seal.) 

.(Seal.) 


MINING  FORMS. 


7SS 


FORM  .14. 

BOND  FOR  DEED  OF  MINING  PROPERTY. 

Know  All  Men  by  These  Presents: 

That the  part.,   of  the   first  part held  and  firmly 

bound  unto the  part.. of  the  second  part,  in  the  turn  off 

Dollars. of  the  United  States  of  America,  to  be 

paid  to   the   said executors,   administrators    or    assigns; 

for  which  payment,  well  and  truly  to  be  made bind 

heirs,     executors     and     administrators, firmly    by    these 

presents. 

Sealed   with seal.. and   dated    the day   of » 

A.  D.  one  thousand  eight  hundred  and  ninety* 

The  condition  of  the  above  obligation  is  such,  that  if  the 

above  bounden  obligor.. shall,    on    the day    of one 

thousand  eight  hundred  and  ninety-.. make,  execute  and  deliver 

unto     the     said or     to assigns   (provided  that   the 

said shall  on  or  before  that  day  have  paid  to  the  said  ob- 
ligor..the  sum  of Dollars of  the  United  States  off 

America,  the  price  by  said agreed  to  be  paid  therefor),. 

a  good  and  sufficient  deed  for  conveying  and  assuring  the  said 

free   from   all    incumbrances,    all right,    title   and 

interest,  estate,  claim  and  demand,  both  in  law  and  equity,  aa 
well  in  possession  as  in  expectancy,  of,  in  or  to  that  certain 

portion,   claim   and   mining  right,  title  or  property-  on 

certain  vein.. or  lode.,  of  rock  containing  precious  metals  of 
gold,  silver  or  other  minerals,  and  situated  in  the Min- 
ing District,   County  of and   of ,  and  de> 

tckibed  as  follows,  to  wit: 

Then  this  obligation  to  be  void,  otherwise  to  remain  in  full 
force  and  virtue. 

Signed,  Sealed  and  Delivered  in  the  Presence  of 


(Seal.) 
(Seal.) 


756 


UNITED    STATES   AND   ALASKA. 


FORM  35. 
MINING   LEASE. 

This  Indenture,  made  the day  of in  the  year  of 

our    Lord   one    thousand     eight     hundred     and     ninety* 

Between Lessor. .,  and Lessee. .. 

Winesseth:  That  the  said  Lessor..,  for  and  in  consideration 
of  the  rents,  royalties,  covenants  and  agreements  hereinafter  re- 
served, and  by  the  said  Lessee.. to  be  paid,  kept  and  per- 
formed  granted,  demised  and  let,  and  by  these  presents 

do  grant,  demise  and  let,  unto  the  said  Lessee..,  all  the  io\- 

lowing  described  mine  and  property,  situated  in mining 

district,    County    of of to    wit: together    with 

the   appurtenances 

To  have  and  to  hold  unto  the  said  Lessee.. for  the  term 


day 


...from   the   date  hereof, 
of   i8..,    unless 


of 

expiring  at   noon  on  the 

sooner  forfeited  or  determined 
through  the  violation  of  any  covenant  hereinafter  against  the 
said  tenant reserved. 

And  in  consideration  of  the  said  demise,  the  said  Lessee., 
does  covenant  and  agree  with  said  Lessor.. as  follows,  to  wit: 
To  enter  upon  said  mine  or  premises  and  work  the  same  mine 
fashion,  in  manner  necessary  to  good  and  economical  mining, 
hO  as  to  take  out  the  greatest  amount  of  ore  possible,  with  due 
regard  to  the  safety,  development  and  preservation  of  the  said 
premises  as  a  workable  mine. 

To  work  and  mine  said  premises  as  aforesaid  steadily  and 
continuously  from  the  date  of  this  Lease;  and  that  any  failure 

to   work   said   premises    with   at    least persons   employed 

underground   for  the  space  of consecutive   days  may  be 

considered  a  violation  of  this  covenant. 

To  well  and  sufficiently  timber  said  mine  at  all  points 
where  proper,  in  accordance  with  good  mining;  and  to  repair 
all  old  timbering  wherever  it  may  become  necessary. 

To  allow  said   Lessor.. and agents  to  enter  upon  and 

into  all  parts  of  said  mine  for  the  purpose  of  inspection,  with 
use  of  all  passages,  ropes,  windlass,  ladder-ways,  and  all  other 
means  of  ingress  and  egress  for  such  purpose. 

To  not  assign  this  Lease,  or  any  interest  thereunder,  and  to 
not  sublet  the  said  premises  or  any  part  thereof,  without  the 
written   assent   of   said   Lessor..,   and   to   not   allow   any   per- 


MINING  FORMS.  757 

son   or   persons    except   the   said   Lessee.,    and workmen 

to  take  or  hold  possession  of  said  premises  or  any  part  there- 
of  under  any  pretense  whatever. 

To  occupy  and  hold  all  cross  or  parallel  lodes,  dips,  spurs*, 
feeders,  crevices  or  mineral  deposits  of  any  kind,  which  may 
be  discovered  in  working  under  this  Lease,   or  in  any  tunnel 

run    to    intersect    said lode,    or    by    the    said    Lessee.. or 

any  person  or  persons  under in  any  manner  at  any  point 

within feet  of  the  center  line  of  said  lode,  as  the  prop- 

erty  of  said  Lessor..;  with  privilege  to  said  Lessee.,  of  work- 
ing the  same,  as  an  appurtenance  of  said  demised  premises^ 
during  the  term  of  this  Lease;  nnd  to  not  locate  or  record  the 
same,  or  allow  the  same  to  be  located  or  recorded,  except  in 
the  name  of  said  Lessor.. 

To  keep  at  all  times  the  drifts,  shafts,  tunnels,  and  other 
passages   and    workings   of    said    demised    premises,    thoroughly 

drained  and  clear  of  loose  rock  and  rubbish  of  all  kinds 

To  deliver  up   to  said   Lessor,  .the  said   premises,   with   the 

appurtenances  and  all   improvements in   good   order  and 

condition,  with  all  shafts  and  tunnels  and  other  passages 
thoroughly  clear  of  rubbish  and  drained,  and  the  mine  in  all 
points  ready  for  immediate  continued  working  (accidents  not 
arising   from   negligence   alone    excusing),    without   demand    or 

further  notice,  on  said day  of A.   D.   18..,  at  noon 

or  at  any  time  previous,  upon  demand  for  forfeiture. 

And  finally,  upon  the  violation  by  said  Lessee..,  or  any 
other  person  under of  any  covenant  or  covenants  here- 
inbefore reserved,  the  term  of  thi<:  Lease  shall,  at  the  option  of 
said  Lessor..,  expire  and  the  same  and  said  premises  with  the 
appurtenances    shall    become    forfeit    to    said    Lessor.. and    said 

Lessor or agent   may   thereupon,    after   demand    of 

possession  in  writing,  enter  upon  said  premises  and  dispossess 
all  persons  occupying  the  same,  with  or  without  force,  and  with 
or  without  process  of  law,  or  at  the  option  of  said  Lessor.., 
the  said  tenant  and  all  persons  found  in  occupation  may  be  pro- 
ceeded against  as  trespassers  from  the  beginning  of  said  tem» 
both  as  to  realty  and  the  ore  served  therefrom,  or  as  guilty  of 
unlawful  detainer. 

Each  and  every  clause  and  covenant  of  this  Indenture  shall 
extend  to  (he  heirs,  executors  and  administrators  of  all  parties 
hereto;  r.id  to  the  assigns  of  scid  Lessor..,  and  as  said  Let* 
sor..,  may  elect,  to  the  assigns  of  said  Lessee.. 


7S8 


UNITED   STATES  AND  ALASKA. 


In  witness  whereof,  the  said  parties,  Lessor.,  and  Lessee.., 
have  hereunto  set  their  hands  and  seals. 
Signed,  sealed  and  delivered  in  he  presence  of 


•#•••••• 


(Seal.) 

.(Seal.) 

.(Seal.) 

(Seal.) 


FORM  36. 
ESCROW. 

When  a  title  bond  or  other  executory  contract  is  delivered 
it  is  usually  accompanied  by  a  deed  executed  and  acknowledged 
and  placed  in  escrow.  An  escrow  amounts  to  a  deposit  with 
a  third  party  of  an  unrecorded  deed  to  be  delivered  on  certain 
conditions,  the  title  bond  being  recorded  in  the  meantime. 
Such  escrow  is  usually  in  the  shape  of  a  deed  inclosed  in  a 
sealed  envelope  and  endorsed  as  follows: 

To cashier:   You  are  authorized  to  deliver  the  within 

deed  to his  agent  or  order,  upon  payment  to  me,  or  de> 

posit  to   my  order,  of  the  sum  of  $ on  or  before  the 

day   of 18..    Meanwhile   you   will   hold   the   same 

irrevocably.  If  payment  is  not  made  on  or  before  said  date 
you  will  return  the  same  to  me  for  cancellation. 

day  of 18..  

An  escrow  is  often  placed  on  deposit  without  any  title  bond, 
or  the  agreement  is  delivered  on  condition  of  not  going  on 
record,  the  vendor  objecting  to  clouding  the  title  by  recording 
«xecuti  ry  agreements  which  will  perhaps  never  result  in  a  con- 
veyance. Such  an  escrow  or  agreement  (not  recorded)  is  valid 
in  all  respects  except  that  of  giving  the  purchaser  record  secu- 
«ity. 


MINING  FORMS.  ?» 

FORM  37. 
GRUB    STAKE   PROSPECTING    CONTRACT. 

In   consideration   of  provisions   advanced   to   me   by » 

and  of  his  agreement  to  supply  me  from  time  to  time,  as  I 
may    reasonably   demand   them,   with    tools,    grub    and    mining 

outfit    generally,    and    the    sum    of    $ in    hand    paid,    I 

agree  to  prospect  for  lodes  and  deposits  in districts,  and 

to  locate  all  discoveries  which  I  may  consider  worth  the  ex- 
penditure,  and  record  the  same  in  the  joint  names  of  the  said 
outfitter  and  myself,  and  in  our  names  only,  as  equal  owners. 
My  time  and  labor  shall  stand  against  his  money,  provisions, 
«tc.,  as  aforesaid.  All  expenses  of  survey  and  record  shall  be 
paid  by  the  outfitter,  and  I  agree  to  make  no  debts  on  account 
of  this  agreement.  Work  done  on  claims  after  record  and  be- 
lore  the  expiration  of  this  contract  shall  be  considered  as 
done  under  this  contract,  and  no  charge  for  labor  or  time 
shall   be   made   for  the  same.    This   contract   shall   stand   good 

during    the    whole   of   the    summer    and   fall    of expiring 

and  during  all  of  that  period  I  will  not  work  or  pros- 
pect on  my  own  account,  or  for  any  parties  other  than  said 
outfitter. 

Dated 

I  agree  to  the  terms  above  stated.  

Under  the  following  form  the  prospector  is  allowed  wages 
and  takes  a  smaller  interest  in  lodes  found: 

Aicreement   of   date 18..,    between and 

outfitters,  and prospector. 

W^itnesseth,  that  said  outfitters  agree  to  pay  to  said  pros- 
pector on  demand  $ for  the  purpose  of  tools  and  pack- 
ing  outfit,    and    $ for    railroad    fare    and    expenses    from 

to and  to  allow  said  prospector  wages  at  $ 

per  day  for  each  secular  day  after  arrival  at  that  place,   until 

18..,  unless  this  contract  is  rescinded  by  a  notice  before 

that  date,  and  to  pay  all  expenses  of  surveys  and  records  to  be 
made  under  this  contract,  and  for  powder,  fuse,  and  other  min- 
ing materials,  if  required  by  said  prospector,  to  the  extent  of 


And  in  consideration  of  the  premises,  said  prospector  agrees 
industriously  and  to  the  best  of  his  skill,  to  prospect  for  lodes 

and  deposits  in  the  neighborhood  of within  the  limits  of 

distr'cts,      and     to     locate  and    record    all     discoveries 

which  in  his  judgment  are  worth  holding,   in  the  joint  names 
of  all  parties  hereto,  one-third  interest  to  each. 


76o  UNITED   STATES   AND   ALASKA. 

And  that  he  wiil  use  no  company  name  and  make  no  debts- 
against   his  aasociates. 

And  that  he  will  at  least  once  each  month  report  progress 
and  all  discoveries  made,   by  letter,  to  said 

All  work  done  after  record  shall  be  considered  as  work  done 
under  this  agreement. 

And  said  prospector  agrees  further  not  to  prospect  on  his 
own  account  nor  for  any  other  persons  during  the  lifetime  of 
this  contract;  and  if  at  any  time  within  one  year  thereafter  he 
shall  become  interested  by  location  or  purchase  in  any  claims 
on  which  he  may  have  prospected  under  this  contract,  he  will 
allow  his  associates  to  take  an  equal  interest  with  himself,  on. 
the  same  terms  and  at  the  same  cost  at  which  h'e  has  acQuired 
such  interest. 

On  final  settlement  full  wages  are  to  be  allowed  as  above 
agreed,  but  said  prospector  shall  be  charged  with  his  full  third 
of  any  expenses  over  and  above  the  sums  herein  expressed, 
and  shall  account  and  pay  for  all  tools  and  supplies  on  hand 
when  contract  expires,  if  terminated  at  his  notice;  but  shall 
keep  such  tools  and  supplies  if  contract  determined  at  outfitters' 
election,  or  by  expiration  of  the  full  t^m  limited,  or  by  failure 
to  remit  proper  charges  monthly  on  demand.  And  the  said 
prospector  shall  have  no  right  to  quit  on  notice  until  he  shall 
have  prospected full  months  under  this  agreement. 

Witness  the   hands   and    seals   of   said  parties. 

(Seal.) 

(Seal.) 

........(Seal.) 

In  questions  arising  under  such  contracts  the  courts  have 
held: 

If  the  outfitter  neglect  to  furnish  the  agreed  and  necessary 
supplies,  the  prospector  is  at  liberty  to  search  for  mineral  o» 
his  own  account. 

Where  a  prospector  made  locations  which  he  concealed 
5rom  his  outfitters  and  afterwards  sold,  he  was  compelled  to  ac- 
count for  the  outfitters'  share  of  the  price.  But  he  was  not 
held  to  account  to  outfitters  for  any  share  in  a  lode,  the  tloat 
of  which  he  discovered  while  prospecting,  but  did  not  find  the 
lode  till  afterward.  Of  course  the  rule  in  such  cases  must  vary 
according  to  the  facts  and  the  good  faith  in  the  premises. 

The  terms  of  the  contract  when  expressed  must  in  all  cases 
govern. 


MINING  FORMS. 


761 


FORM  38. 
WORKING   CONTRACT    SALE. 

For  and   in  consideration  of   the   sum   of  $ to   me   in 

hand  paid  by the  receipt  whereof  is  hereby  acknowl- 
edged,  I, do   hereby  agree  to   place   said in   full 

and  sole  possession  and  control  of  the lode  mining  claim,. 

situate,    etc with    authority    to    work    and    prospect    the 

same  as  he  sees  fit  for  the  term  of days  from  date:    Pro- 

vided  only,  That  such  work  be  done  in  good  and  workmanlike 
manner,  and  that  any  ore  taken  out  shall  be  separated  and  left 
on  the  dump,  and  not  removed  within  the  lifetime  of  this 
contract.      And  at  any  time  within  said  period,  on  tender  to  me 

of  the  further  sum  of  $ ,  I  agree  to  deliver  a  good  and 

sufficient  warranty  deed,  to  the  said his  heirs  and  as- 
signs, conveying  said  above  described  premises  absolutely  and 
clear  of  encumbrance. 

In  case  no  such  tender  is  made,  such  sum  of  $ is  to 

be  treated  as  the  consideration  of  this  option  and  right  of  test- 
ing, and  to  be  and  remain  my  property  as  liquidated  damages. 

In  case  my  title  is  found   defective,   and   I   fail  to   make   it 

good  and  clear  within  said  period,  I  agree  to  pay  to  said 

the  cosi  of  abstract  and  the  vendee's  attorhey's  reasonable 
charges  for  examination  of  title,  and  to  refund  the  said  sum  ol 


The  ore  taken  out  during  said  period  is  to  be  the  property 
of  the  party  who  remains  or  becomes  the  owner  at  the  end 
of  said  period  of days. 

Time  is  of  the  essence  of  this  contract  in  all  particulars. 

Witness  my  hand  and  seal  this day  of A.   D. 

(Seal.> 

...A...  (Seal.> 


j6a 


UNITED   STATES  AND  ALASKA. 


FORM  30. 
CONTRACT   TO   SELL   AND   BUY. 

I vendor,  hereby  agree  to  sell  to and  I 

.purchaser,  agree  to  buy  of  the  said the lode  mining 

«laim,  situate,  etc. 

The   agreed   consideration   of   said    sale   is   $ cash    in 

•hand  paid,  the  receipt  whereof  is  hereby  acknowledged;  $ 

to  be  paid  within days  from  the  date  hereof,  and  $ 

within days  from  such  date,  making  a  total  consideration 

of  $ 

Said   vendor,    within days   from   date,    will   deliver   to 

purchaser  or  his  attorney  an  abstract  of  title  duly  certified  by 
■the  clerk  and  recorder  of  said  county,  or  by  some  reputable 
abstract  office,  together  with  ail  the  original  title  papers  which 
are  in  his  possession  or  within  his  power  to  produce. 

And  within  said  time  will  place  in  escrow  in a  good 

and   sufficient  warranty   deed  conveying   to  said or  such 

person  lis  he  shall  nominate,  the  said  premises,  clear  of  en- 
cumbrance,   to    be  by    such held  in    escrow    until    final 

payment  be  made  under  this  contract,  or  default  is  made  under 

the  same.    Deposit  with  said to  the  credit  of  vendor  shall 

be  equivalent  to  payment  of  any  of  said  installments. 

Time  is  of  the  essence  of  this  contract  as  to  each  and  every 
installment,  and  if  any  installment  or  installments  be  not  paid 
within  the  time  or  times  hereby  limited  therefor,  all  previous  in- 
stallments shall  be  and  remain  the  property  of  said  vendor, 
the  deed  in  escrow  shall  be  returned  to  him  for  cancellation, 
and  the  property  shall  remain  his  own,  unaffected  and  unen- 
cumbered by  this  contract.  But  if  he  fail  to  deliver  abstract 
within  said  period,  or  to  deposit  said  deed  in  escrow,  or  if  his 
title  prove  encumbered  or  otherwise  not  marketable,  vendee 
may  recover  any  and  all  installments  paid,  or  may  sue  for  spe- 
cific performance  and  for  a  perfect  title,  or  for  damages,%or 
otherwise  as  he  may  be  advised. 

Witness  the  hands  and  seals  of  said  parties  this day 

ol A.  D 

(Seal.) 

(Seal) 


MINING  FORMS. 

FORM  40. 

SALE   SUBJECT  TO   EXAMINATION. 


763 


hath 


The  undersigned ,    of ,    State    of 

agreed  to  sell  to of ,  in  said  state,  and  said 

hath  agreed  to  buy  of  and  from  said the lode  min- 
ing claim,   situate   in mining  district, county, 

state,  for  the  consideration  of  $ ,  to  be  paid  within 

months  from  date,  fee  simple  (or  good  possessory)  title  to  be 
delivered   and   warranted   clear   of   liens.    Ti«^ir   subject   to   ap« 

proval  of ,  attorney  for  purchaser.    Cobv.    of  deeds  to  be 

paid  by  vendor;  of  examination  of  title,  by  purchaser.  Vendor 
to  deliver  at  his  own  cost  certified  abstracts  of  title  within.... 
....days  to  said  attorney.    Deeds  to  pas&  on  tender  of  the  sum 

above  mentioned  within  the  period  of months  above  Urn* 

ited.  It  no  tender  is  made  within  such  period  the  purchaser 
iilM  be  in  default,  unless  he  show  the  title  materially  defect- 
ive, or  a  prior  breach  of  contract  by  vendor,  or  that  material 
misrepresentations  as  to  the  mine  or  mineral  have  been  made 
to  htm  by  the  vendor,  or  by  parties  in  the  interest  of  the  ven- 
dor, and  thereupon  either  party  may  proceed  for  specific  per- 
formance or  for  damages,  or  both,  or  otherwise  as  he  may  be 
form'^nce  or  for  damages,  or  both,  or  otherwise  as  he  may  be 
advised. 

Witness  the  hands  and   seals  of  said   parties  this day 

of 18. . 

(Seal.) 

(Seal.) 


FORM  4z. 

POWER   OF    ATTORNEY     TO     SELL     MINING 

ERTY. 


PROP- 


Know  All   Men   by  These   Presents: 

That have    made,   constituted   and    appointed,   and    by 

these  presents  do  make,  constitute  and  appoint true  and 

lawful     Attorney.. for and     in name place   and 

stead,  and  for use  and  benefit,  to  grant,  bargain,  sell,  re- 
mise,  release,   convey  and  quitclaim  to  whom  and  upon  such 

terms   as   our   said   Attorney.. may    deem    best,   all    of 

right,  title,  and  interest,  estate,  claim  and  demand,  both  in  law 
and  equity,  as  well  in  possession  as  in  expectancy,  of,  in  or 


764 


UNITED   STATES   AND   ALASKA. 


to  that  certain  portion,  claim  and  mining  right,  title  or  prop- 
erty on certain  vein.. or  lode.. of  rock  containing  precious 

metals  of  gold,  silver  and  other  minerals,  and  situated  in  the 

Mining    District,    County    of and described, 

as  follows,  to  wit: 

Giving  and   granting  unto said    Attorney.. full     power 

and  authority  to  do  and  perform  all  and  every  act  and  thing 
whatsoever  requisite   and  necessary  to   be   done   in   and   about 

the   premises,    as   fully  to   all   intents   and    purposes   as 

might   or  could    do   if   personally     present hereby   ratify- 
ing and  confirming  all  that Attorney shall   la'wful- 

ly  do  or  cause  to  be  done  by  virtue  of  these  presents. 

In    Witness    Whereof have    hereunto    set hand.. 

and   seal.. the day   of ,   in   the   year   of    our    Lord 

one  thousand  eight  hundred  and  ninety- 

Signed,  Sealed  and  Delivered  in  the  Presence  of 


(Seal.) 

.  (Seal.) 

(Seal.) 

.(Seal.) 


FORM  42. 
DEED    TO    INCORPORATE    MINING    CLAIM. 

This  Indenture,  made  the day  of in  the  year  of 

our  Lord  one  thousand  eight  hundred  and  ninety be- 
tween  the   part.. of  the  first  part,   and...,  —  the   part.. of 

the  second  part, 

Witnesseth:  That  whereas,  the  said has  been  duly  in- 
corporated under  the  laws  of  the and  it  is  intended  by  this 

instrument  to  transfer  to  the  said  part.. of  the  second  part,  all 
the  right,  title  and  interest  of  the  said  part.. of  the  first  part, 
which  they  and  each  of  them  have  and  claim  in  and  to  the  min- 
ing ground.,    and   claim.. or    lode..,    and appurtenances, 

hereinafter  described: 

Now,  Therefore,  know  all  men  by  these  presents,  that  the 
said  part.. of  the  first  part,  and  each  of  them  whose  names  are 
hereunto  subscribed,  in  consideration  of  Certificates  of  Stock 
in  said  Incorporated  Company  hereafter  to  be  issued  to  them» 


MINING  FORMS. 


765 


their  and  each  of  their  heirs  and  assigns,  in  conformity  with 
the  By-Laws  of  said  Corporation  heretofore  adopted,  do  hereby 
grant,  bargain,  sell,  transfer,  remise,  release,  and  quitclaim 
unto  the  said  part.. of  the  second  part,  its  successors  and  as* 
signs,  all  their  and  each  of  their  right,  interest,  claim  and  de* 

mand  whatsoever,  in  law  or  equity,  of,  in  or  to  all cer* 

tain  mining  ground..,  claim.. or  lode.. situate,   lying  and  being 


Together  with  all  the  dips,  angles,   spurs  and  variations  of 

said   mining  ground..,   claim.. or   lode..,  and  all  and  singular 

the   hereditaments   and   appurtenances   thereunto   belonging. 
To  have  and  to  hold  the  said  premises  with  their  appurte- 

nances,  unto  the  said  part.. of  the  second  part, successors 

and  assigns  forever. 

In  Witness  Whereof,  the  said  part.. of    the  first    part    ha.. 

hereunto   set hand.. and    seal.. the     day     and     year     first 

above  written. 

Signed,  Sealed  and  Delivered  in  the  Presence  of 

(Seal.) 

(Seal.) 

(Seal.) 

(Seal.) 

(Seal.) 

(Seal.) 

(Seal.) 

(Seal.) 

(Seal.) 

(Seal.) 


7v6 


UNITED   STATES   AND   ALASKA. 

FORM  43. 
PROXY. 


Knew  All  Men  by  These  Presents: 

That the     undersigned,    Stockholder,  .in     the do 

hereby  constitute  and   appoint of true  and   lawful 

Attorney..,  with  power  of  substitution,  for and  in 

name..,  to  vote  at  a  meeting  of  the  Stockholders  in  said  Corn* 

p«ny,   to   be   held  at on   the day   of A.    D» 

189..,   or  at  any   adjournment   thereof,   on   all   matters   which 

may  properly  came  before  it,  with  all  powers shall  pos> 

sess  if  personally  present. 

In     Testimony     Whereof, have     hereunto     set 

hand.. and  seal.. this day  of A.  D.  189.. 

Witness, 

(Seal.> 


(Seal.> 

hereby  appoint,  irrevocably 

18 substitute,  with  all  the  powers  above  given. 

Witness hand. .and   seal..,   this day   of A.. 

D.  T89... 
Witness, 

(Seal.) 

J  *  (Seal.> 


do 

lawful 

Com- 
A.    D. 

which' 
11  poB> 

sal.) 
ial.> 

al.) 
»1.> 


INDEX 


c 
c 
c 

s 

L 

lA 
L 
R 


In 
F« 
M 

Yc 
Dc 

Sil 
Shi 
Sht 
Sit] 
Sui 


INDEX. 


A. 

ALASKA,    belongs    to    United    States i3-i& 

History   i6 

Civil   Government  Act ^ i6 

Treaties  as  to  Kivers i6 

Mineral  Resources  and  Official  Statistics 6ii 

Mining    Laws    of   Alaska    same    as    those    of   the   United 

States   33,   27 

See  United  States  Mining  Laws  and  Regulations 27-46 

Public   Lands    (not  mineral).   Town   Sites,    Manufacturing 

and  Trading  Sites,  How  to  Acquire  Title 24,  84 

Rules  and  Regulations  of  the  Department  of  the  Interior, 

Concerning   48,  88 

General  Land  Laws  of  the  United  States  do  not  apply  to 

Alaska   34;  84 

Sitka — Seat  of   Government    16 

Governor — Powers  and  Duties    16 

Cotirts  and  Jurisdiction   19,  22 

Court  Commissioner's  Powers    21 

Appeals 22 

Recording    Offices 20 

Laws  of  Oregon— When  Applicable 21,   22 

Marshal    ^    22 

Land   District    23 

Register  and  Sun^eyor-General 23 

''^'^ucation 26 

Intoxicating   Liquors    27 

Fees  and    Salaries    24 

Mining    Discoveries    6ix 

Yearly  Output  of  Gold 611 

Douglas   Island    6xa 

Silver  Bow  Easin   614 

Sheep  Creek  Basin 615 

Shuck   Bay    616 

Sitka   District 616 

Sum   Dum   District    616 

(769) 


jfo  INDEX. 

Norton   Sound    617 

Bemer's   Bay  District   618 

Admiralty    Island 1 621 

Cook's  Inlet   621 

Alien  Contract  Labor   Law   of  Canada 564 

Alien  Contract  Labor  Law  of   United  States 566 

B 

BRITISH    COLUMBIA.— Boundaries    14 

Government    13,    14 

Victoria  the  Capital   14 

Rivers   633 

Mineral  Discoveries   624,  628 

Water  Rights— Consolidated  Act,   1897 472,   481 

CROWN  LANDS  BELONGING  TO  THE  PROVINCE  (Gen- 

.    eral  Land  Law) ;  267 

!    Lands  within  Forty-mile  R.  R.  Belt  Belonging  to  the  Dominion 

<    of  Canada 13,  336 

Goal  Lands 472,  685,  636 

Mining  Laws  of  British   Columbia 366 

Interpretation  366 

Free  Miners  and   Their   Privileges 368 

Diagram  of  Claims   374 

Record  of  Claim  374 

Payment  in  Lieu  of  Assessment  Work 378 

Mill   Sites    4<» 

What  passes  by  Crown   Grant 378-385 

Tunnels   and    Drains 380-391 

What  Must  be  Done  Before  Applying  for  Grant 379 

Mining   Partnerships    392 

Mining   Recorders    396 

Gold  Commissioner's  Ministerial  Powers 399 

County  Courts— Jurisdiction  in  Mining  Matters 403 

Forty-mile  Railroad  Belt  336 

Penal  and   Miscellaneous 407 

Rules  and  Regulations  Lieutenant-Governor  may  Make...  408 

Taxation  of  Miners  and  the  Money  Invested  Therein 409 

Mines  not   Exempt 400 

Mining  Forms  for  British  Columbia 411 

Scale  of   Fees 419 

Placer  Mining  Act  of  British  Columbia... 431 

Interpretation   427 


INDEX.  771 

haob 

Free  Miners  and  Their  Privileges 423 

Size  and  Location  of  Placer  Claims 436 

Location  Recording,  Re-recording 426 

Tunnels  and  Drains 432 

Water  Rights 435,  480 

Mining  Partnerships 439 

Bed  Rock  Flumes 443 

Leases 446 

Dredgers 451 

Mining  Recorders — Powers  and  Duties  of. 451 

Gold  Commissioner's  Powers 456 

Scale  of  Fees 465 

Rivers 623 

C. 

CANADA,  Dominion  of,  Constitution  and  Government....    14 

Public  Lands  of  Northwest  Territory,  Belong  to 13,  170 

Dominion  Land  Act 170 

Customs  Tariff  •  see  Customs) 668 

Coal  Lands,  Belonging  to  (see  Coal) 164 

Alien  Contract  Labor,  Prohibited  When 564 

COAL  in  Northwest  Territory 211,  164 

Coal  in  British  Columbia 472,  636,  685 

CONTRACTS  (see  Forms). 

Contracts  with  Aliens,  When  Prohibited 564 

Cariboo  District 627 

CUSTOMS,  Tariff  of  Canada  Act,  1897 668 

Explanation  of  the  Act 668 

Free  Goods 704 

Prohibited  Goods 722 

Reciprocal  Tariff. 72a 

D. 

Discoveries  of  Gold  in  B.  C 624 

Discoveries  of  Gold  in  Alaska 611 

Discoveries  of  Gold  in  Yukon  District,  N.  W.  T.     See  Yukon 

Gold  District 572 

Distances  to  Gold  Fields  from  Jrneau,  Alaska 608 

Dredging  of  Rivers  for  Gold 162,  451 

Dominion  Land  Act  (see  N.  W.  T.) 170 

Dawson,  Dr.,  His  Mining  Report 628 

D»lton  Trail  (see  Routes) 600 


b 


779  INDEX. 

PAOB 

F. 

Forty-mile  Bailway   Belt  in   B.   C.   Ceded  to   Dominion  of 

Canada,    Laws   Concerning i.l,   336 

FORMS  under  Mining  Laws  of  Alaska  and  Uniied  States 

No.      I.    Discovery  Notice 726 

No.     a.    Notice    of    Location 7^ 

No.     3.    Location  Certif.cate,   Lode  Claim "jvj 

No.    4.    Affi'^'ivit  of  Labor  Performed 7*8 

No.     5.    Amended   Location  Cerliticaie 738 

No.     6.    Certificate  of  Relocation 729 

No.     7.    Tunnel  Claim,   Location   Certificate 729 

No.    8.    Notice   of   Right  to    Water 730 

No.    9.    Application    lor    Survey 730 

No.  10.    Application  for   Patent 731 

No.  II.    Notice  of  Application  for  Patent 73a 

No.  la.    Proof  of  Posting  Notice  and  Diagram  of  Claim..  734 
No.  13.    Proof  that  Flat  and  Notice  Remained  Posted  dur* 

ing   Period   of    Publication 735 

No.  14.    Register's  Certificate  of  Posting  Notice  for  Sixty 

Days    736 

No.  15.    Notice  of  Application  for  Patent  (for  Publication 

in   Newspaper)    736 

No.  16.    Proof  of   Publication ..' 737 

No.  17.    Agreement   of    Publisher 738 

No.  18.    Proof  of   Ownership  and   Possession   in   Case   of 

Loss  or  Absence  of  Mining  Records 738 

No.  19.    Affidavit  of  $500  Improvements... 740 

No.  ao.    Affidavit   of   Citizenship 740 

No.  ai.    Statement  of  Fees  and  Charges 741 

No.  22.    Power  of  Attorney  to  Apply  for  a  Patent 741 

No.  33.    Certificate   of   no   Suit   Pending 74a 

No.  34.    Protest   and   Adverse   Claim 74a 

No.  as.    Proof   that  no    Known   Vein   Exists   in  a   Placer 

Mining    Claim 747 

No.  a6.    Notice   of   Forfeiture 747 

No.  37.    Affidavit  of  Failure  to  Contribute 748 

No.  a8.    Miner's  Lien 749 

No.  ag.    Application  to   Purchase    750 

No.  30.    Proof  of  Identity 751 

No.  31.    Certificate  of  Oaths  of  Assistants 751 

No.  3a.    Preliminary  Oaths  of  Assistants,   Etc 753 


INDEX.  ^n 

FORMS,  Practical. 

No.  33.    Mining   Deed 754 

No.  34.    Bond  to  Mining  Property 75s 

No.  35.    Mining   Lease 756 

No.  36.    Escro    Agreement 758 

No.  37.    Grub-.stake   Prospecting   Contract 759 

No.  38.    Working  Contract  of  Sale 761 

No.  39.    Contract   to    Sell   or    Buy 76a 

No.  40.    Sale   Subject   to    Examination 763 

No.  41.  General  Power  of  Attorney  to  Sell   Mining  Prop- 
erty      763 

No.  42.    Deed  to  Incorporate   Mining   Claim 764 

No.  43.    Proxy    765 

FORMS.  (Mining  and  Land)  for  Northw  st  Territory  and  Brit- 
ish Columbia,  are  prescribed  by  Jaw  and  will  be  /ound,  and 
are  inserted  in  and  made  a  part  of  the  Land  and  Mining 
Laws  to  wh'ch  they  are  attached,  and  are  called  Schedules. 

DifTering  in  this  respect  from  the  United  States,  the  latter 
furnish  no  forms  for  precedents  but  simply  prescribe  Iheir 
legal  requisites. 

The  United  States  forms  contained  in  this  book,  and  which 
are  applicable  to  Alaska,  have  been  duly  approved  and  in 
use  for  many  years. 

I. 
Irrigation    (see   Water   Rights) 480,   543 

L. 
Land  Laws  (see  Alaska,  N.  W.  T.  and  B.  C.) 


M. 
Mining  Laws  and  Regulations   (see  Alaska,   N.   W.   T.   and 

B.    C.) 
Mill  Sites  (see  Alaska,  N.  W.  T.  and  B.  C.) 

Mining    Statistics    570 

Mining  Discoveries  (see   Discoveries) '. 634 

Mining  Practical   Information 642 

How   to    Prospect 644 

How   to  Test   Minerals 644 

Methods  of  Placer  Mining 590,  643,  644 

Mining   Terms    Explained 646 


774  I NDEX. 

N. 

NORTHWEST    TERRITORY,    Belongs    to    the    Dominion 
of  Canada.    Includes  most  of  the  Gold  Discoveries  in 

the  Yukon  Gold  District 13,   I4>   170 

Boundaries    13 

Public  Lands  Belong  to  the  Dominion  of  Canada 13,  170 

MINING  LAWS  and  Regulations  of  Northwest  Territory 

Include  the  Yukon  District 1 16,   124  laS 

Yukon  District,  N.  W.  T.,  Special  Placer  Regulations....  1x0 
Saskatchewan    District,    N.    W.    T.,    Special    Placer   Regula* 

tions    119,    124,   128 

Dominion  Mining  Act  of  9  Nov..   1889 no,   116,   124,   128 

Discoveries    (see   Discoveries) 572 

GENERAL  DOMINION  LAND  ACT  AND  AMEND- 
MENTS APPLICABLE  TO  NORTHWEST  TER- 
RITORY AND  MANITOBA 170 

Interpnrtation    171 

Administration  of   Dominion  Lands 172 

Survey  System    174 

Hudson's    Bay   Company   Lands 178 

School   Lands    180 

Military   Bounty  Lands  Script 182 

Reserves  for  Town  Plots,   Etc 184 

Sale  of  Dominion  Lands 183 

Homesteads    185 

Assignments    of    Homesteads 195 

Preemptions    172,  185-201 

Discontinuance  of   Preemptions 201 

Advances  to  Immigrants  and  Liens  to   Secure   Such  Ad- 
vances      194 

Mining  and    Mining   Lands 201 

Prevention  of  Pollution  of  Water 202 

Grazing   Lands 202 

Hay    Lands    202 

Patents   203 

Assignments    Registered    205 

Township    Plans    and    Lists    of    Patents    to    be    Furnished 

Local   Registers    206 

Land  Script    206 

Timber  and  Timber  Lands » 206 

Wood   for   Settlers    206 


INDEX. 


775 


138 

ij8 
S7» 


Timber    Berths ao8 

Reserves  for   Forest   Parks 213 

Liability  of   Persons   Cutting  Timber  without  Authority..  214 

Slides,   Dams,   Piers,   Booms,    Etc 217 

Powers  of  Council   aao 

Roads  in  Northwest  Territories aao 

Water  Rights  and  Irrigation 220,  480 

General    Provisions    aao 

Surveyors   and    Surveys 223 

Forms   24a 

O. 


Ogilvie's   Explorations   in   Yukon   District. 

R. 


572 


ROUTES   to   the    Yukon  Gold   Fields 599 

Chilcoot   Pass    599 

Chilcat   Inlet  and   Haines   Mission 600 

Dalton   Trail    600 

Stickeen    Route 610 

St.    Michaels   Route 599 

Taku  Inlet  Route 610 

Canadian   Route  from   Edmonton 609 

Distances    608 

RIVERS  (See  B.  C.  and  Routes.) 623 

S. 

SASKATCHEWAN— N.  W.  T.  Mining  Regulations.  119,  124,  128 
Saskatchewan — Dredging   of   Rivers 162 

T. 

TARIFF    (See    Customs.) 668 

U. 

UNITED  STATES  Mining  Laws  and  Regulations  are  Ap- 
plicable to  Alaska 23,   37 

United  States  General  Land  Laws  do  not  Apply 24,  48,  84 

For  Laws   of  U.   S.   Governing   Public   Lands   other  than 

Mineral  in  Alaska  (See  Alaska) 24,  48,  84 

U.  S.  Alien  Contract  Labor,  When  Prohibited  (See  Alien)..  566 
Mining  Forms  under  U.  S.  Mining  Law  which  Includes 

Alaska   (See  Forms) 726,  753 

United  States  Mining  Laws 23,   27 

United  States  Mining  Regulations 4^ 


776  INDEX. 

rAON 

w. 

WATER  RIGHTS  in  BritUh  Columbia 435.  480 

WATER      RIGHTS    in    Northwest    Territory.     Including 
Yukon  District 114,  S43 

Y. 

YUKON   Gold   District   Boundaries !...    14 

Yukon  Gold   District,   History 570 

Yukon  Gold   District,   Discoveries S7a 

Yukon  Gold  District,   Routes   (See  Ruutes) 599 

Yukon  Gold  District,   Mineral   Resources   (See  Discoveries)  57a 

Official   Statistics,    Concerning 572,    599 

Methods   of   Mining 590,  64a,   644 

Ogilvie's  Official   Reports  to  Dominion  Government 57a 

Map  of  Yukon  and  Tributaries 9 

PLACER  MINING  Regulations.  May  and  August,   1897, 

Acts   of 110 

Act  of  9  Nov.,  1889,  still  in  force 1x0,  116,  124 

Public  Lands  in  Yukon  District  Governed  by  the  Laws 
of  N.  W.  T.  Dominion  I^nd  Act  and  Its  Amend- 
ments  (See  Dominion  I^and  Act  and  N.  W.  T.)....i3,  170 


rAOK 


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480 

Iff 

4. 

543 

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570 

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57a 

• 

599 

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57a 

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599 

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644 

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